Identify the legal basis for any actions he may be able take

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Reference no: EM1391270

Q. John Smith is 80 years old and his eyesight is failing. Because he can no longer drive his motor home, he offers to sell it to a local vehicle dealer for $20,000. The dealer agrees to buy it for $10,000.; explain however, John still owes his bank $20,000. on his loan for the motor home. The dealer verbally promises to pay off John's bank loan if John sells him the motor home for $10,000. And also gives the dealer a personal check for $10,000. To cover the difference in the amount they agreed to purchase it for and the amount John owes to the bank. John gives him the check and signs a blank piece of paper which says, "I, John Smith, release my interest in my 2001 Teton Motor home to Acme Motor Home Sales." It is undated and the purchase price is missing. The dealer cashes the check but never pays off John's bank loan. When John demands the dealer pay the bank, Acme disaffirm the contract claiming which it was not in writing. Examine whether or not they have a contract? Illustrate what can John do? Identify the legal basis for any actions he may be able to take and laws or legal theories which apply to this situation. Illustrate what is the likely outcome?

Reference no: EM1391270

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