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17. Assuming that all appropriate defenses are seasonably raised, will the fixture company succeed in an action against the druggist for breach of contract?
On July 15, in a writing signed by both parties, a fixture company agreed to deliver to a druggist on August 15 five storage cabinets from inventory for a total price of $5,000 to be paid on delivery. On August 1, the two parties orally agreed to postpone the delivery date to August 20. On August 20, the fixture company tendered the cabinets to the druggist, who refused to accept or pay for them on the ground that they were not tendered on August 15, even though they otherwise met the contract specifications.
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A is incorrect. The July 15 agreement falls within the UCC Statute of Frauds, which requires a signed writing in order to enforce a contract for the sale of goods of $500 or more. The fact pattern reflects a waiver, not a modification of the contract.
C is incorrect. The waiver did not require consideration to be effective.
D is incorrect. The parol evidence rule does not apply to promises made after the adoption of a final written contract.