Incorporates our agreement

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Argot wrote Palm offering to sell him specified merchandise with the offer to remain open 30 days.  Ten days later, Argot and Palm orally agreed on the terms of the sale, and Argot prepared a latter which he sent to Palm stating, "This incorporates our agreement".  The letter specified the goods but failed to include the agreed price.  Later, prior to the date specified for delivery Argot agreed in writing to modify the terms of the contract as requested by Palm; there was no consideration for the modification.  Based on these facts  :

A)  Argot's offer was revocable until accepted by Palm.

B)  If Palm seeks to enforce the agreement, Argot may assert the Statute of Frauds as a defense since neither letter specified any price for the goods.

C)  Lack of consideration for the modification of the agreement would not prevent its enforceability.

D)  Neither Argot nor Palm could enforce the agreement since Palm had not signed any writing.

 

 

Reference no: EM131012745

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