assignment 543
1. Sarah’s studio apartment was unfurnished. While on “Doug’s List”, an online classified ad service (for nonmerchants), she saw an ad, which read: “Moving – For sale: a very nice brown leather couch. Almost new. $600.” There was a photo with the ad and contact information. Sarah emailed the contact stating: “I would like to buy your couch- please reply.” Does Sarah have a contract – yes or no and tell me WHY.
2. Johnson purchased construction equipment from Wilson Equipment Co., Inc. for $10,500.00. However, after some of the equipment proved to be defective, Johnson sent Wilson a check for $7,000.00 marked “by endorsement this check is accepted as payment in full.” Wilson endorsed and deposited the check. May Wilson force Johnson to pay the remaining $3,500.00 – why or why not? What additional facts might you need to know to come to a definitive answer?