contracts #3 analyze case and damage claims if any
On August 5th, George from Phil’s Trading Co. in Park Slope, NY alleged Harry’s Printers in Ithaca, NY to ask about appraisement and commitment for an 2,500 atramentous t-shirts with the byword “P.S. I Love You” emblazoned on the advanced and “Park Slope New York” accounting on the back. Phil’s has awash these shirts before and begin them popular, but alone amid Park Slope residents. Harry says he can book and bear again to Phil’s for $5.00 per shirt, payable 60 canicule afterwards delivery.
On August 6th, George sends Harry a acquirement adjustment for the 2,500 t-shirts which states “Price - $5.00 per shirt. Delivery - FOB Acme Accumulation House., Park Slope, NY. Payment - 60 canicule afterward delivery.
On August 8th Harry’s sends George a certificate labeled Confirmation of Order” that said, in accordant part, “this confirms your adjustment for 2,500 Shirts at a price of $5.00, FOB Harry’s Printers, Ithaca, NY”
On August 25, Harry’s ships the 2,500 t-shirts to Phil’s appointed accumulation abode and sends Phil’s an balance for $13,200, including shipping costs of $700. The aircraft agenda states all accuse are payable aural 60 canicule from date of cancellation of goods.
On August 31, Harry hears through the comment that Phil’s Trading is accepting austere money problems. A acquaintance tells Harry that Phil’s was three week’s abaft on a $50,000 annual with his close and the acquaintance had heard they were 4 week’s abaft on a $20,000 annual with addition supplier.
Harry calls George and asks if what he heard was true. George confirms it, but tells Harry it is aloof a abbreviate appellation banknote breeze botheration and it will have no aftereffect on Harry accepting paid by the end of the 60 days. Not feeling any calmer, Harry tells George that he want’s a certified analysis for the abounding bulk in 72 hours or he is sending “some guys to Park Slope to aces up ‘My’ shirts.”
Phil's did not accomplish any acquittal by the 72 hour borderline and on September 5th Harry beatific three ample advisers to Acme Accumulation Abode who, not absent any problems, angry the shirts over to them. The advisers brought the t-shirts aback to Harry’s. Acme beatific Phil’s a bill for $300 for the time its workers spent on the issue.
On September 15th, Harry’s awash 1,000 of the shirt’s to Evelyn’s Gift Shop in Park Slope, a major adversary of Phil’s, for $4.00 per shirt, FOB Ithaca, NY. On September 29th, Harry’s awash addition 1,000 shirts to Evelyn’s, FOB Ithaca, NY. The aftermost 500 shirts are still in Harry’s warehouse.
As it turns out, George was right. Phil’s banknote breeze problems were temporary and by October 1, all of Phil’s aback bills were paid off, and Phil’s could accept paid Harry’s as well. Phil’s sues Harry’s for aperture of arrangement and Harry’s counterclaims alleging aperture of arrangement also. Analyze the claims and defenses of the parties. Please assay the parties positions and accessible accident claims.
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