Posted By:
Todd SchultzSorry to hear about your misfortune--I'd be miffed too, but it looks like one of those "lessons learned".
Bruces, don't quit your day jobs. A specific price was negotiated for specific merchandise--a court would apply commercially reasonable terms if there was ambiguity (or even silence) as to method of payment. IOW, it would not defeat a breach of contract claim to argue "will pay by check or something" is uncertain, unless, maybe, if the buyer tried to pay for the cards in goats and Dan wanted American currency, then there might be a question as to whether form of payment was a material term. The reference to a directed verdict is even less apropos, as there would certainly be a fact question with conflicting evidence so as to render such an outcome beyond unlikely.