Question: Select the best answer choice. Big Ag Services, LLC , entered into a contract with Arkanjamison Fresh Eggs, LLC , that referred to manure brokering
Select the best answer choice.
Big Ag Services, LLC entered into a contract with Arkanjamison Fresh Eggs, LLC that referred to "manure brokering services." Big Ag agreed to pay Arkanjamison Fresh "service fees" for "all available tonnage per year of manure," which would then be resold to other parties. But the parties' contract did not specify the amount of manure. When Arkanjamison Fresh did not carry out the contract, Big Ag sued for breach. A jury ruled that the primary purpose of the contract was for "manure brokering" a service rather than the "purchase of manure" goods and thus the UCC did not apply. The state trial court awarded Big Ag more than $ million in damages. Arkanjamison Fresh appealed.
Is the contract enforceable?
No the contract is not enforceable because the UCC governs the contract.
No the contract is not enforceable because the contract is governed by common law.
Yes, the contract is enforceable, and is governed by the UCC.
Yes, the contract is enforceable, and is governed by common law.
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