Cengage Advantage Books: Law for Business 18th Edition by John Ashcroft ,Janet Ashcroft

Exercise 14

Peck Industries ordered 210,000 custom-manufactured decals from Weisz Graphics to be stored by Weisz and released in increments of 500 decals as requested by Peck. Weisz's acknowledgment of the order stated, "On Releases over 12 months." Weisz manufactured the entire order and over the next twelve months released seven shipments as requested by Peck. Weisz then refused to make any more releases until Peck paid the full amount of the remaining balance of the order. When Peck refused to pay, Weisz sued, alleging it was entitled to recover the price of the goods because they were identified to the contract. Were the goods identified? [Weisz Graphics Division of Fred B. Johnson Co. Inc. v. Peck Industries Inc., 403 S.E.2d 146 (S.C. Ct. App.)]