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On November 1, Debbit, an accountant, and Barrister, a lawyer, contracted for the sale by Debbit to Barrister of the law books Debbit had inherited from his father. Barrister agreed to pay the purchase price of $10,000 when Debbit delivered the books on December 1.
On November 10, Barrister received a signed letter from Debbit that stated: “I have decided to dispose of the book stacks containing the law books you have already purchased. If you want the stacks, I will deliver them to you along with the books on December 1 at no additional cost to you. Let me know before November 15 whether you want them. I will not sell them to anyone else before then.”
On November 14, Barrister faxed and Debbit received the following message: “I accept your offer of the stacks. “Debbit was not a merchant with respect to either law books or book stacks.
Is Debbit contractually obligated to deliver the stacks? And why?
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