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The Admission Exception Paula Soyso, Inc., buys and sells soybeans. Last month, David Grower, LLP, and Paula Soyso, Inc., spoke by phone, wherein David Grower agreed to sell 4,000 bushels of yellow soybeans for $60 per bushel, delivery within ten days. Following that conversation, Paula Soyso, Inc., e-mailed a quick note to its office manager, stating: "This confirms agreement by David Grower, LLP, to provide yellow soybeans at $60 per bushel, delivery in ten days." The market shifted in favor of seller and the soybeans were never delivered. David Grower's position is that any alleged deal between it and Paula Soyso is not enforceable because "there's no written contract." At the ensuing lawsuit, David Grower was deposed and asked by Paula Soyso's counsel, "Didn't you agree to sell these beans to Paula Soyso, Inc., over the phone for a certain price?" You are counsel to David Grower. You ask for a ten-minute break to speak with your client. What does that conversation sound like?
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