Reference no: EM132252163

Sara is a doctor who collects, buys, sells, and trades baseball cards for profit, averaging 15 transactions a week. She is a recognized expert in the 1939-50 era. Bill operates a store that regularly sells baseball cards. Bill claims he phoned Sara and offered to buy a 1939 Denny Wilson card for $550, and that Sara accepted. Immediately after their phone conversation, Bill sent Sara an unsigned, typed letter confirming the contract, and identifying the parties, the Denny Wilson card and the price. Bill’s letter had a letterhead identifying the name of his business, Beyer’s Baseball Cards and Collectibles. The letter included the following term: “Seller shall provide a certificate of authenticity from the Baseball Trading Cards Association.” Certificates of authenticity cost $100 and significantly increase a card’s value. Sara’s card was not certified, and the parties had not discussed this before.

Sara received and read the letter but did not respond to it. When Bill called later, Sara said she had sold the card to another party for $575. Bill sued Sara for breach of contract, seeking $250 in damages (based on $800 as the fair market value of a certified card). Sara denies the existence of a contract, alleging that Bill only asked, “Would you consider taking $550” for the card, and that she replied, “Okay, send me something in writing.” Alternatively, she claims that the phone agreement was unenforceable and that the so-called letter of confirmation had no legal effect. She also contests Bill’s calculation of damages.

Can Bill prevail in his lawsuit? Discuss.

If so, what damages, if any, is Bill entitled to recover? Discuss.