Barry and Bernard are brothers with equal shares in a towing company B&B Towing. Barry and Bernard agreed when starting the business that Barry would handle the paperwork and finances of the business, whereas Bernard provided the physical labor. One day, Bernard and his wife, Wilma, went shopping at the local grocery store. While there, they ran into Tommy, an old friend. Tommy is a car salesman at Third-Party Trucks. After a brief exchange of pleasantries, Wilma went to pick up some apples, leaving the two men to catch up. Tommy asked Bernard how his business was doing. Bernard responded, “We’re doing okay. I really need a new tow truck.” Tommy said he had a great deal at Third-Party Trucks: a refurbished, but otherwise new, tow truck for
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Bernard never agreed to pay $30,000.00 for the truck. He just made the statement, “Wow! That is quite a deal. I’d like that.” He was just having a conversation with Tommy and Tommy went off of what Bernard stated. Bernard never got a chance to finish talking to Tommy about the truck because Bernard’s wife interjected and called him to where she was. Tommy could say that a contract was formed because Bernard stated that he’d like to buy the truck for $30,000.00. He interpreted him saying that and his actions as a yes to the truck. Neither party negotiated or agreed on a day for the truck to be delivered. A written contract was not drafted or signed by either party. Bernard never got a chance to bag out of the so called agreement. He only made a statement of intent. Bernard never said ok let’s enters a contract. Also, Tommy never stated if he accept the price of not. I do not think an agreement exist because an offer has to contain the parties, the matter of the contract, the price, and the time for the performance. The time of payment, performance and delivery was never established, Tommy just took it upon himself to deliver the truck “the next day”. Bernard and Tommy never finalized the deal because Wilma interrupted.
Bernard never agreed to pay $30,000.00 for the truck. He just made the statement, “Wow! That is quite a deal. I’d like that.” He was just having a conversation with Tommy and Tommy went off of what Bernard stated. Bernard never got a chance to finish talking to Tommy about the truck because Bernard’s wife interjected and called him to where she was. Tommy could say that a contract was formed because Bernard stated that he’d like to buy the truck for $30,000.00. He interpreted him saying that and his actions as a yes to the truck. Neither party negotiated or agreed on a day for the truck to be delivered. A written contract was not drafted or signed by either party. Bernard never got a chance to bag out of the so called agreement. He only made a statement of intent. Bernard never said ok let’s enters a contract. Also, Tommy never stated if he accept the price of not. I do not think an agreement exist because an offer has to contain the parties, the matter of the contract, the price, and the time for the performance. The time of payment, performance and delivery was never established, Tommy just took it upon himself to deliver the truck “the next day”. Bernard and Tommy never finalized the deal because Wilma interrupted.