Reference no: EM132247400
1. Candi Cane contracted with Mr. Mann to remodel her Kitchen. The contracts called for Mr. Mann to reposition a stove, refrigerator, and shelving; then paint the walls and cabinets. Mr. Mann furnished both good and services but was referred to in the contract as a building contractor, and most of the price ($1500.00) for the work was for labor. When the work was completed, Candi was very unhappy with the outcome of the remodeled kitchen and refused to pay Mr. Mann.
A) Was this contract primarily for the sale of goods or for services rendered?
B) As a contractor, can Mr. Mann sue Candi claiming she failed to pay for a sale of goods under Article 2 of the UCC? Why or why not?
C) How can Mr. Mann recover the money that Candi owes him?
2. Rick O. Shay of Thrifty Motors wrote a bill of sale for a used and repaired truck (cost $15,000) to Penny Pincher. Paragraph 2 of the bill of sale stated: "I, Rick O. Shay (seller) believes that this 2010 (F-150) Ford pick-up truck is now operative and is safe for normal use, and is not in violation of NC State emission (pollution) standards, as I understand them."
A. Does the language in Paragraph 2 create a warranty? Why or why not.
B. Under UCC rules, what 2 types of warranties is Penny Pincher automatically given whether or not they are written in a contract.