Deciding whether tri-circle was entitled to finance charges

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The Brugger Corp. owned a farm, operated by Jason Weimer, who acted as thecompany ’ s business agent. Tri-Circle, Inc., was a farm equipment company. Onbehalf of Brugger, Weimer offered to buy from Tri-Circle certain equipment for useon the farm. Tri-Circle accepted the offer, using a pre-printed form. The formincluded a finance charge for late payment. Weimer ’ s offer had said nothing about finance charges, but he made no objection to the new term. Tri-Circle supplied thefarm equipment but later alleged that Brugger had refused to pay for $12,000 worth of the supplies. Tri-Circle sued. In deciding whether Tri-Circle was entitled to finance charges, the court first inquired whether Brugger, Weimer, and Tri-Circle were merchants. Why did it look into that issue? Were they merchants?

Reference no: EM131479106

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