Reference no: EM131377914
Ames, Bell, Cain, and Dole each orally ordered color television sets from Marvel Electronics Company, which accepted the orders. Ames's set was to be specially designed and encased in an ebony cabinet. Bell, Cain, and Dole ordered standard sets described as ‘‘Alpha Omega Theatre.''
The price of Ames's set was $1,800, and the sets ordered by Bell, Cain, and Dole were $700 each. Bell paid the company $75 to apply on his purchase; Ames, Cain, and Dole paid nothing. The next day, Marvel sent Ames, Bell, Cain, and Dole written confirmations captioned ‘‘Purchase Memorandum,'' numbered 12345, 12346, 12347, and 12348, respectively, containing the essential terms of the oral agreements.
Each memorandum was sent in duplicate with the request that one copy be signed and returned to the company. None of the four purchasers returned a signed copy. Ames promptly called the company and repudiated the oral contract, which it received before beginning manufacture of the set for Ames or making commitments to carry out the contract.
Cain sent the company a letter reading in part, ‘‘Referring to your Contract No. 12347, please be advised I have canceled this contract.
Yours truly, (Signed) Cain.'' The four television sets were duly tendered by Marvel to Ames, Bell, Cain, and Dole, all of whom refused to accept delivery.
Marvel brings four separate actions against Ames, Bell, Cain, and Dole for breach of contract. Decide each claim.
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: Yours truly, (Signed) Cain.'' The four television sets were duly tendered by Marvel to Ames, Bell, Cain, and Dole, all of whom refused to accept delivery.- Marvel brings four separate actions against Ames, Bell, Cain, and Dole for breach of contrac..
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