1. Jones needs a new 4 axis cnc mill for his small machine shop. He meets with Malloof and discusses the purchase of the tool. The parties agree on a purchase price of 37,600.00. Malloof writes up an invoice and hands it to Jones. Jones tells Malloof that he agrees to the purchase. Malloof immediately calls his supplier, ToolQueen, and orders the mill. On his way home from the meeting, Jones receives an email from Rocket Equipment, Inc. advertising a new 4 axis cnc mill for30,795.00. Jones immediately calls Malloof and attempts to cancel the order. In a breach of contract action against Malloof, which defense may Joes assert? a. Comparative negligence. b. No consideration because the contact is executory. c. Jones' act is ultra vires. d. Statute of Frauds. e. None of the above.

Question

1. Jones needs a new 4 axis cnc mill for his small machine shop. He meets with Malloof and discusses the purchase of the tool. The parties agree on a purchase price of 37,600.00. Malloof writes up an invoice and hands it to Jones. Jones tells Malloof that he agrees to the purchase. Malloof immediately calls his supplier, ToolQueen, and orders the mill. On his way home from the meeting, Jones receives an email from Rocket Equipment, Inc. advertising a new 4 axis cnc mill for30,795.00. Jones immediately calls Malloof and attempts to cancel the order. In a breach of contract action against Malloof, which defense may Joes assert? a. Comparative negligence. b. No consideration because the contact is executory. c. Jones' act is ultra vires. d. Statute of Frauds. e. None of the above.

Answer 1

D. Statute of Frauds.

Answer 2

The Statute of Frauds requires certain contracts to be in writing and signed by the party against whom enforcement is sought. This statute applies to contracts for goods worth

37,600.00 falls under this requirement. Since Jones did not sign the contract, he may assert the defense of the Statute of Frauds.

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