Contract and Rev. Stat.

1723 Words Aug 15th, 2013 7 Pages
Summary Of Facts
Wally is the owner of “Windy City Watches “in Chicago IL.. The Wally needs to replenish his stock of fake Rolexes; therefore, he calls Randy. A wholesaler ” Randy Rip Off” is located in Milwaukee WI and sell such merchandise. Randy and Wally has a discussion over the phone and agree on 100 watches for $2500.00
Randy faxes Wally a form to sign that says “ I Wally, agree to purchase fake Rolex watches from Randy for $25.00 per watch. Wally signs the form and sends it back to Randy; Randy receives it within two days.
The following week, Randy sends Wally fifty watches and a bill for $2500.00 for 100 watches with a note explaining the remaining fifty watches will be mailed in a few days.
Wally receives the
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Rev. Stat. ch. 26, para. 2-306(1), and a writing that states that a buyer 's requirements is the quantity to be bought sufficiently states a quantity term under Ill. Rev. Stat. ch. 26, para. § 2-201.
Michaels Corp. v. Trans World Metals, Inc., 1989 U.S. Dist. LEXIS 12909 (N.D. Ill. Oct. 30, 1989),stated an Illinois writing in confirmation is defined as one, which indicates that the parties reached a prior oral agreement, that is, a writing which "evidences a contract." While writing generally must refer to an existing contractual agreement, it need not expressly state that it is a confirmation. Eastern Dental Corp. v. Isaac Masel Co., 502 F.Supp. 1354 (E.D.Pa. 1980). The court went on to state "the contract is not enforceable beyond the quantity of goods shown in such writing." (Ill. Rev. Stat. 1987, ch. 26, par. 2 -- 201(1).) In a contract for the sale of goods, the court can supply all missing terms except the quantity term. "While the quantity term in requirement contracts need not be numerically stated, there must be some writing which indicates that the quantity to be delivered under the contract is a party 's requirements or output."

Aviation Resource Partners v. BAA USA, Inc., 1997 U.S. Dist. LEXIS 15332, 14-15 (D. Ill. 1997) satisfies the requirements of subsection (1) “against such party unless written notice of objection to its contents is given within 10 days after it is received."This partial performance took the contract out of the general

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