Q: Can the seller sue the customer for cancelling a large order?
Frank had an oral agreement with Sam to sell 200 orange trees ($60 each) and then sent a signed note stating "I confirm your order of 200 orange trees ($60 each). 5 days later, Sam tried to call Frank cancel the order, but only reached Ben, Frank's employee who was just fired. Ben didn't tell Frank and four weeks have passed.
A: You should speak to a lawyer because ALL details and fine points matter for a correct analysis. Generally, if Frank and Sam are 'merchants' (business people), a set of certain rules will apply and dictate the analysis under the Uniform Commercial Code. This situation needs to be explored in more detail. It may well be that insufficient notice was provided by not ensuring that the actual company has been reached, but instead only a former employee who likely had no longer any obligation to deliver the message.
Same person asking, again about trees? Have a free telephone consultation with counsel.
A: Ah…the case of the wrong trees. I saw your questions on Avvo. You will have to contact a lawyer to evaluate your rights. Depending on the application of the UCC and the terms of your written contract, if any, you may or may not have several options available to you.
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