3. If the fancier sues the rancher for damages and seeks to introduce evidence of the alleged oral agreement, the court probably will

The fancier refused to accept delivery of a gray horse timely tendered by the rancher or to choose among those remaining, on the ground that during their negotiations the rancher had orally agreed to include a saddle, worth $100, and also to give the fancier the option to choose a gray or a brown horse. The fancier insisted on one of the rancher's brown horses, but the rancher refused to part with any of his browns or with the saddle as demanded by the fancier.

A rancher and a fancier of horses signed the following writing: «For $5,000, the rancher will sell to the fancier a gray horse that the fancier may choose from among the grays on the rancher's ranch.»

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