[Awesome Tuners] Trace Owns a Music Store

question 78

Multiple Choice

[Awesome tuners] Trace owns a music store. At a recent convention, he meets Terrill, who makes electronic guitar tuners. Terrill gives Trace a free sample and tells Trace that his guitar tuners are $20 each. Trace says he definitely wants to buy some and he will email the quantity. After the convention, Terrill emails Trace stating, "Do you still want to buy some tuners?" Trace replies, "Yes! 30 please!" However, Terrill never sends the tuners. Trace tells him they had a deal and that Terrill needs to send the tuners. Terrill, who went to business school, tells Trace that the UCC requires contracts for the sale of goods over $500 to be in writing, and his email reply doesn't satisfy the statute of frauds.
-Trace claims that one of the contract terms is the $20 price per tuner. Is he correct?

• A) Yes, but only if there is another writing with the $20 price per tuner.
• B) Yes, because the written agreement was conditioned on the $20 per tuner oral agreement.
• C) No, because he failed to include price in the writing.
• D) No, because the parol evidence rule prevents parties from introducing oral evidence when there is a written contract.
• E) No, because no exception applies to the parol evidence rule.