Should Yokel be considered a merchant and thus bound by Campbell’s written confirmation? Explain.
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Yokel, a grower of soybeans, had sold soybeans to Campbell Grain and Seed Company and other grain companies in the past. Campbell entered into an oral contract with Yokel to purchase soybeans from him. Promptly after entering into the oral contract, Campbell signed and mailed to Yokel a written confirmation of the oral agreement. Yokel received the written confirmation but neither signed it nor objected to its content. Campbell now brings this action against Yokel for breach of contract upon Yokel’s failure to deliver the soybeans. Should Yokel be considered a merchant and thus bound by Campbell’s written confirmation? Explain. |
Explanation
A dealer may be termed as the person who acts as a co-contractor between the consumer and retailers. These may lay the offer, demand charge for the stated collateral, and deal with any lender who is prepared to undertake these words.
In this case, Person Y is a dealer in Food S and, as a result, is a trader within the meaning of the charter. The law of frauds provisions of the charter is fulfilled by Person Y as that person has failed to focus on the written endorsement.
Verified Answer
In this case, the contract may be legally enforceable. The charter conditions that a written endorsement between merchants satisfy the regulations regarding the law of frauds of the charter against the beneficiary as well as the issuer unless the beneficiary gives written notice of that person's objection within ten days after receiving the endorsement.
