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Watches

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Submitted By Breathwit
Words 696
Pages 3
Sonia Breathwit.
Randy Rolek v Windy City Watches

Summary of facts: Wally owns “Windy City Watches” in downtown Chicago, Illinois. He sells Rolek watches for $50 a piece which he purchases from Randy Rolek, a wholesaler in Milwaukee, Wisconsin. Business has been good and Wally needs to replenish his stock of Rolek watches. He calls Randy Rolek and offers to purchase 100 of them at $25.00 apiece for a total cost of $2500.00. Randy agreed to the sale and explains he is going to fax a written order for the sale of the watches which when Wally signs and sends back he will ship the watches. The order said “I Wally agree to purchase Rolek watches from Randy for $25 per watch” But Randy omitted the quantity of watches to be purchased. Wally signed the form and dropped it in the mail. Randy received the signed form two days later and then shipped Wally 50 of the 100 watches with an invoice for the full amount of 100 watches totaling $2500, and a note saying that he will ship the remaining 50 watches in a few days. Wally received the watches but decides to cancel the order and called Randy Rolek to explain that he has changed his mind and that he will send the watches back plus reimburse him the shipping cost. Now, Randy is suing Wally in federal court in Illinois to enforce the agreement. Wally argues that under the UCC statute of frauds the agreement is not enforceable because it is not in writing.
Issue1: Wally signed the order form; so the contract is in writing; 1. Under §810ILCS 5/2-201”formal requirements” regarding any contract for the sale of goods for the price of $500 or more is not enforceable unless there is some writing sufficient to indicate a contract for the sale of goods, it does not require that any writing contain all the terms of the contract, but that it does show that a contract exists between the parties even if it is an…...

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