A homeowner orally contracted to buy some custom-made parts that the homeowner will use to build a retaining wall in the homeowner's back yard.The contract price for these materials was $2,000.The buyer refused to take delivery even though the materials were conforming.The seller is unable to sell these parts to anyone else because they were individually designed for the homeowner.In a lawsuit against the homeowner by the seller of the parts,which of the following is true?

Question

Quizplus · Accepted Answer

This contract is enforceable even though it is not in writing. Under the UCC, contracts for the sale of goods of $500 or more must be in writing to be enforceable, but this exception applies only to merchants. As long as the homeowner is not a merchant, this contract qualifies for the oral contract exception. The fact that the materials will become real property when installed does not affect the enforceability of the contract. Therefore, the seller can sue the homeowner for breach of contract and seek damages equal to the contract price. The seller may also be entitled to recover incidental damages, such as the cost of storage, and any consequential damages resulting from the breach.

A Homeowner Orally Contracted to Buy Some Custom-Made Parts That