Essay Question – Business Law

Woody Woods and Luthor Lumber are merchants of timber/trees/wood. Woods calls Lumber and leaves a message saying that he wants to buy 100 trunks of pine wood for delivery by December 15, 2017. Lumber immediately takes a piece of his stationary with letterhead
and faxes Woods stating “Agreed that I will sell you 100 trunks of pine to be received by December 15, 2017.”

Before
December 15, 2017, Lumber ships 100 trunks of oak wood to Woods since in the past Woods has accepted oak as a substitute for pine. On December 13, 2017, Woods receives the shipment and rejects the entire shipment stating “I asked for pine, not oak.” Lumber
receives the shipment back and replaces it with 100 trunks of pine shipped to Woods and received by Wood on December 16, 2017. Woods again rejects stating “You failed to cure within the delivery time provided by the contract which was December 15, 2017 so
you may not cure.”

Luthor
sells the pine to another buyer for $20,000.00 which is $5000 less than he would have gotten from Woods and he sues Woods for the $25,000.00.

Woods
offers the following defenses:
a.
There never was a contract because of the statute of frauds.
b.
There never was a contract because Luthor never accepted the offer because he shipped the wrong product.
c.
There never was a contract because there never was an agreed upon price.
d.
Even if there was a contract, Luthor lost the right to cure because the time within which to perform under the contract had passed.
e.
Luthor cannot recover anything because he already sold the goods to someone else.

You
are the judge (congratulations on your promotion!). Decide on the validity of each of Woods’ defenses.

Please
label and discuss each defense separately and in order.