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On July 15, Noel Evans, age 17, entered into a contract with John Carnby, the regional manager of the Stop-N-Shop supermarket chain. The contract calls for Stop-N-Shop to purchase 100 ripe pumpkins growing in the Evans family pumpkin patch at a price of $20 per unit. Under the terms of the contract, Stop-N-Shop was to send its truck to the Evans’ farm to receive the pumpkins on July 23.

Unfortunately, on July 23, Stop-N-Shop’s truck never arrived at the Evans’ pumpkin patch. Between July 23 and July 31, Noel repeatedly called both the Stop-N-Shop corporate headquarters as well as John Carnby’s personal cell phone number, but inexplicably could not reach anyone. On August 1, Noel reached his 18th birthday. On August 4, Noel decided to sell the 100 pumpkins to Gristede’s, another local supermarket chain and one of Stop-N-Shop’s biggest competitors at a price of $15 per unit.

On August 5, the day after the sale, Stop-N-Shop finally sends a truck to the Evans’ pumpkin patch and Noel informed the driver that the pumpkins were no longer available. On August 12, one week after this turn of events, Noel is stunned to discover that Stop-N-Shop, along with John Carnby as a co-plaintiff, is suing Noel alleging a breach of contract for not delivering the pumpkins as agreed.

Required:

1) As Noel’s attorney, give two arguments to support his position that he is not liable for a breach of contract.

2) As Stop-N-Shop’s attorney, give two arguments to support the supermarket’s position that it is the injured party and that Noel is liable to pay money damages for a breach of contract.

Specifications: APA paper, double spaced, 12 font, 1 inch margin (top, bottom, left and right) I page long.

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