Mid-American Oil had a contract with NSB Company to supply 1,000 gallons of oil by September 1 . The contract contained a provision which required all modifications to be written and signed by the company presidents. In early August, an executive of Mid-American talked with the purchasing agent of NSB who orally agreed to two shipments of oil; one in September and the second one in December. By
September 30, when only 500 gallons had been delivered, NSB sued. The likely outcome of this lawsuit is:
a. NSB wins because the modification was not supported by new consideration.
b. NSB wins because the modification has to be in writing.
c. Mid-American Oil wins because the UCC governs this case and no new consideration is required.
d. Mid-American Oil wins because new consideration was present.
b
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