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Enforceable contract between coffee retailer and cupper

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1. Coffee Retailer sends a form to Cupper, ordering 100 cartons of specified coffee cups to be delivered the first of each month for six months. The order form says nothing about price. For three months, Cupper delivers on time and sends an invoice, which Retailer pays. On the fourth month, Retailer refuses to pay and informs Cupper that it will accept no more deliveries. Cupper sues. Retailer claims there was never an enforceable contract, because a price for the coffee cups was not agreed upon before the first delivery. Who wins and why?

2. Same facts as in # 1 but what if Coffee Retailer sent an email to Cupper, asking him to send a lot of coffee. Cupper sends 100 pounds the first month, and Coffee Retailer said that was too much Would there be an enforceable contract between Coffee Retailer and Cupper? Explain

Just need help with the second question

Reference no: EM132349787

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