10. In a suit by the manufacturer against the retailer, which of the following will be the probable decision?

A dry goods retailer telephoned a towel manufacturer and offered to buy for $5 each a minimum of 500 and a maximum of 1,000 large bath towels, to be delivered in 30 days. The manufacturer orally accepted this offer and promptly sent the following letter to the retailer, which the retailer received two days later: «This confirms our agreement today by telephone to sell you 500 large bath towels for 30-day delivery. /s/ Manufacturer.» 28 days later, the manufacturer tendered to the retailer 1,000 (not 500) conforming bath towels, all of which the retailer rejected because it had found a better price term from another supplier. Because of a glut in the towel market, the manufacturer cannot resell the towels except at a loss.

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