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Galen, a purchasing agent for Ziff Construction Company, agreed orally with Houk Lumber to purchase 800...

Galen, a purchasing agent for Ziff Construction Company, agreed orally with Houk Lumber to purchase 800 double- hung vinyl windows. The agreed price was $40,000. When Ziff Construction lost its financial backing, it had to cancel its plans for the houses it had planned to build. Houk sued to collect the purchase price.

a. Was this a contract for sale?

b. Was this a contract for labor and materials?

c. Did the contract meet the Uniform Commercial Code requirement of writing?

d. Is it likely that Houk would win the lawsuit?

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