Gonzalez Manufacturing negotiated by telephone to purchase approximately $7,000 worth of digital video recorders from Video Imports. The final details were worked out by telephone calls on April 2nd. On April 4th, Video sent Gonzalez a confirmation of
their telephone agreement, which included pertinent details. Meanwhile, on April 3rd, Gonzalez was offered a better deal than Video's and accepted it. Upon arrival of the confirmation on April 6th, Gonzalez ignored it and did nothing further until May 1st, the date before Video was to deliver. On May 1st, Gonzalez informed Video that their contract was an unenforceable oral contract and that delivery would not be accepted. When attempts to amicably settle the matter failed, Video sued Gonzalez for breach of contract. Decide.
Ordinarily, a sales contract of $5,000 or more requires written proof signed by the party disputing the contract; however, in a transaction between merchants, the failure to repudiate a confirmatory letter within ten (10 ) days of receipt binds the non-signer just as if the non-signer had actually signed the letter or a contract. The agreement between the two parties is, therefore, enforceable.
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