Wholesale Coal Company ordered 25 carloads of coal from Guyan Coal and Coke Comp
ID: 395411 • Letter: W
Question
Wholesale Coal Company ordered 25 carloads of coal from Guyan Coal and Coke Company. Guyan could not come up with 25 carloads. However, it did have 7 carloads available. Before shipping the coal, Guyan wrote back to Wholesale stating, “You can be sure that if it is possible to ship the entire twenty-five carloads, we will do so. But under the circumstances, this is the best we can promise you.” When Guyan heard nothing from Wholesale, it shipped the 7 carloads. When Wholesale did not pay for the 7 carloads, Guyan brought suit to compel payment. Wholesale countersued, claiming Guyan had not yet delivered the remaining 18 carloads. Was Wholesale correct? Explain. Guyan Coal and Coke Company v. Wholesale Coal Company, 201 N.W. 194 (MI).
Explanation / Answer
1. An offer can be denied by the offeror whenever before acknowledgment. An offer can be repudiated by the law thus: slip by of time, decimation of topic, demise or ineptitude and lawlessness.
2. There is an agreement. The agreement is legitimate because Ernie acknowledged an offer before she get the denial letter. As we now denial must be gotten to be compelling and it was not gotten before acknowledgment.
3.At the point when the barker sold the sheltered he said that it had compartment. So, the two gatherings thought about compartment within the safe and this compartment was incorporated into the sum cash the paid to the barker.
4) Wholesale was not right. The acknowledgment from Guyan was not as per the offer (perfect representation run the show). So there was a qualified acknowledgment. This constituted a counteroffer, which Wholesale acknowledged by taking conveyance of the 7 carloads of coal. They could have rejected the offer by declining to acknowledge the conveyance.
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