Question

Mary, a merchant, was in the business of selling flowers to local florists. Melissa was the owner of Little Flower, Inc. and she regularly purchased her flowers from Mary. One day, Melissa called Mary and ordered 20 dozen roses, 15 dozen carnations, 10 dozen daisies, baby breaths, 6 dozen tulips, and some plants. Everything totaled $1,200, and was to be delivered in 14 days. After the two ended their call, Mary sent Melissa an e-mail detailing the order and her acceptance. Melissa never responded to the e-mail. Eleven days later, Mary delivered the merchandise to Melissa, but she refused shipment. Mary sued Melissa for breach of contract. What is the likely result?

Answer 1

Answer:

Generally UCC rules establish that contracts involving the sale of goods worth more than $500 must be in writing and signed. But this rule doesn't apply to merchants that are involved in routine buy/sell activities. In this case, both Mary and Melissa are considered merchants and the phone call and the email are enough proof against Melissa for breach of contract. In my opinion, Mary would win the lawsuit.