On October $1,2023,$ EBS, Inc. a wholesaler of furniture, entered into a contract with Dina$$s$,$ a well$-$known furniture store. This contract provided that EBS, Inc. was to sell to Dina's $50$ ABC Brand large dining room tables and chairs for $$250,000.$ Delivery to the buyer was scheduled for October $29$th$.$

This contract was written and signed by the parties. However, the purchase price was omitted from that contract. On October $25,2023,$ five days before the date of performance of the contract, EBS's Chief Executive Officer telephoned the President of Dina's to inform her that EBS refused to perform the contract because its lawyer thought that the agreed contract price was too low. After hearing this news, Dina's threatened to bring legal action for breach of contract against EBS, Inc.

$($A$)$ In this action by Dina's against EBS, Inc., is the contract made between the parties enforceable? Why or why not? $(12$ credits$)$

On March $3,2024,$ Marlin, Inc. sought to buy a building to house its new corporate offices. It found a property on $380$ Madison Avenue in Manhattan. Karry Justner, Inc., a real estate company, was selling the building for $$300$ million. In a telephone conversation. Marlin's CEO asked Karry Justner, the CEO of Karry Justner, Inc., for a written contract. Kushner stated to Marlin's CEO: $"$We don't need a writing $...$ we can do this with a handshake." A written contract was never made. All the material terms were agreed to by the parties in their face to face meeting on March $22$nd$.$ Payment was to be made on April $1,2024.$

On April $1$ as stipulated in the contract, Marlin, Inc. wire transferred the $$300$ million payment in full to Karry Justner, Inc. It was accepted Karry Justner on April $3$rd$.$ However, on April $12,2023,$ Karry Justner decided not to sell the office building and sent a wire transfer of $$300$ million to Marlin, Inc. as a return on the payment. Marlin, Inc., refused to accept the money back. Marlin, Inc. wanted the property transferred. When that did not happen, Marlin sued Karry Justner for breach of contract.

$($B$)$ In this action by Marlin, Inc. against Karry Justner, judgment for whom?