In the contract the buyer is Frankie’s Fun Festival, Inc., (“Frankie’s, Inc.,”) the defendant, and the plaintiff who is also the buyer in the contract is Foxy’s Ethnic Foods Limited, (“FEF, Ltd.,”). The transaction is based of a sale of pierogi for a festival, Frankie’s Inc., is having for spring. As the contract is solely based on the sale of pierogi; as the buyer will deliver 30 dozen packages of pierogi on March 31st. The contract was signed by both buyer and seller on February 1st. The contract specifically states of no other agreements of any sort aside from the above. Frankie’s, Inc., stated on his website that pierogi and cabbage rolls will be available for the festival prepared by FEF, Ltd. The posting dates were January 5th until April
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The email was firm on the pierogi, but Frank wanted more information on the cabbage rolls. On January 5th, Walter responded to Frank via email; responding to his inquiring on when and how many pierogi and cabbage rolls he would like. Walter also mentioned in the email, how Frankie’s wife had lost some weight and how good she looked. On January 15th, Frank responded to Walter confirming furthermore on the order. Frank confirmed he will be purchasing 30 dozen packages of pierogi. Frank mentioned he feels certain he will be purchasing the cabbage rolls however he wasn’t the details first, if then he would be buying 30 dozen cabbage rolls. On January 18th, Walter responded to Frank’s email, that he will have his assistant call Frank with the details on the cabbage rolls. Walter mentioned to Frank as well to have his lawyer draw up the contract for the meantime. On January 20th, Frank emailed his wife Halena Kaytek about the sale of the cabbage rolls. Frank mentioned to his wife that he will only be buying the pierogi from Walter and will be buying cabbage rolls from someone else. Frank also reiterates the contract will only speak of the
The email was firm on the pierogi, but Frank wanted more information on the cabbage rolls. On January 5th, Walter responded to Frank via email; responding to his inquiring on when and how many pierogi and cabbage rolls he would like. Walter also mentioned in the email, how Frankie’s wife had lost some weight and how good she looked. On January 15th, Frank responded to Walter confirming furthermore on the order. Frank confirmed he will be purchasing 30 dozen packages of pierogi. Frank mentioned he feels certain he will be purchasing the cabbage rolls however he wasn’t the details first, if then he would be buying 30 dozen cabbage rolls. On January 18th, Walter responded to Frank’s email, that he will have his assistant call Frank with the details on the cabbage rolls. Walter mentioned to Frank as well to have his lawyer draw up the contract for the meantime. On January 20th, Frank emailed his wife Halena Kaytek about the sale of the cabbage rolls. Frank mentioned to his wife that he will only be buying the pierogi from Walter and will be buying cabbage rolls from someone else. Frank also reiterates the contract will only speak of the