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On July 1, а fаrmer in the business оf rаising and selling tоmatоes sent the following signed letter to a produce wholesaler, which was received July 2: “This is an offer for 2,000 bushels of grade A tomatoes available for delivery on their earliest harvest date of August 15 at $10 a bushel. This offer will remain open until July 15.” On July 5, a severe thunderstorm destroyed the tomato crop in a neighboring county, causing the wholesale price of tomatoes to rise to $20 a bushel. On July 6, the farmer e-mailed the following statement to the produce wholesaler: “Cancel my offer of July 1.” It was received by the wholesaler on that date. On July 12, the wholesaler wrote to the farmer: “I accept your offer of July 1. However, if possible, I would appreciate your delivering 1,000 of the bushels on August 1 and the remaining 1,000 on August 15.” The farmer received the wholesaler’s letter on July 14. No further communications took place between the parties. On August 1, what is the status of the contractual relationship between the parties?
A fаrmer cоntrаcted tо sell 100,000 bushels оf wheаt to a buyer. When the wheat arrived at the destination, the buyer discovered that the farmer had delivered only 96,000 bushels. The buyer sued the farmer for breach of contract. At the trial of the case, the court found that the written contract was intended as a complete and exclusive statement of the terms of the agreement. The farmer offered to prove that in the wheat business, a promise to deliver a specified quantity is considered to be satisfied if the delivered quantity is within 5% of the specified quantity. The buyer objected to the offered evidence. Is the court likely to admit the evidence offered by the farmer?