Statute of Frauds. R-P Packaging, Inc, is a manufacturer of cellophane wrapping material. The plant manager for Flowers Baking Co decided to improve the company's packaging of cookies. The plant manager contacted R-P Packaging regarding the possible purchase of cellophane wrap imprinted with designed artwork. R-P took measurements to determine the appropriate size of the wrap and submitted to Flowers a sample of wrap conforming to the measurements, along with a sample of the artwork to be imprinted. After agreeing that the artwork was satisfactory, Flowers gave a verbal order to R-P for the designed cellophane wrap at a price of 13,000. When the wrap was tendered, although it conformed to the measurements and design, Flowers complained that the wrap was too short and the design off-center. Flowers rejected the shipment. R-P sued. Flowers contended that the oral contract was unenforceable under the Statute of Frauds. Discuss this contention.
Question 2
Cook instructs Chan, her agent, to buy a van for her business. Chan contracts for a van with a third party, who knows that Chan is an agent. If Cook does not like the van and refuses to pay for it, the seller may sue:
a. Chan because she did not have authority to enter into a final contract without permission b. Cook because Chan has actual authority to make a contract on behalf of her principal
c. Cook if Chan signed the contract expressly on behalf of Cook; that is, the principal was revealed before the contract was made
d. Cook but only if Chan has apparent authority to enter into the contract e. no one; there was no valid contract