Teller ordered a shipment of coffee from Brazil.The coffee was due to arrive shortly in New York, and he expected to sell it for a profit.He then entered into an agreement………

     

    Teller ordered a shipment of coffee from Brazil.The coffee was due to arrive shortly in New York, and he expected to sell it for a profit.He then entered into an agreement with Nelson whereby they mutually promised to share equally the profit and losses realized in the venture.Teller paid $40,000 for the coffee, but was unable to sell it for more than $24,000.Nelson refused to abide by the agreement, and Teller sued him to recover $8,000.Nelson’s defense was no consideration.Judgment for whom?(Post is due before 11 PM Thursday.)
    2
    Genardi owed Wong a debt of $5000, which was long overdue.Fry, a friend of Genardi, wrote as follows to Wong: “I know how badly you need the money and that you’ve waited for it a long time.But give yourself no concern.I am writing to promise that I’ll pay Genardi’s debt to you within the year if he doesn’t.Heaven knows you’re entitled to it.”Wong was much pleased by the receipt of this letter.Bearing this in mind, for one year she patiently bided her time and took no action whatever to collect the debt from Genardi.At the end of this period, the debt remained unpaid.Genardi and Fry both refused to pay.Under the facts presented, does Wong have a case against Fry?Explain fully.(Post is due before 11 PM Friday.)
    3
    On April 1, 2008, Creese loaned $6,000 to Dasher in exchange for Dasher’s promise to make repayment, together with 8 percent interest, one year from that date.(A) Suppose that on May 1 2008 Dasher pays $5000 cash to Creese, in return for Creese’s promise to cancel the entire debt.May Creese claim anything more from Dasher?(B) Suppose that on May 1, 2009 Dasher sent his check for $5000 to Creese, who cashed the check after seeing upon it the stipulation: “Payment in full of all debts owed by Dasher to Creese.”May Creese claim anything more from Dasher?(C) Suppose that on May 1, 2009 Dasher holds Cohick’s promissory note payable to Dasher in the sum of $5000, and then Dasher endorses and surrenders this note to Creese, in return for Creese’s promise to cancel the entire debt.May Creese claim anything more from Dasher?(Post is due before 11 PM Saturday.)
    week 6

    Wright owned a small grocery store in West Philadelphia one block from City Avenue. At that point, the avenue is the western boundary of the city, separating it from Delaware County. All of Wright’s customers were drawn from the city and from an area no more than ten blocks distant from the store. There are two competing stores in the same area in Philadelphia. Wright sold the store (the building, stock, and other fixtures) and the good will to Hagerty for $950,000 and in the contract of sale covenanted never to compete with Hagerty in the grocery business anywhere in the City of Philadelphia.

    Six months after the business was sold, Wright opened another grocery store less than one block from City Avenue in Delaware County. The new store was located almost due west from the store now owned by Hagerty, which made them about two blocks apart. Almost immediately, Wright began soliciting business from his old customers, and within four months, at least thirty per cent of his sales were being made to former customers drawn from Philadelphia.

     

     

    Hagerty now seeks to have Wright enjoined from operating the store in Delaware County. Wright contends he should not be enjoined because the covenant is unenforceable and creates a monopoly. He further argues that even if the covenant is enforceable in all respects, he has not violated it. Is this noncompetition clause valid? Should Wright be enjoined from operating his new store?(Post is due before 11 PM Thursday.)

     

     

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    A state law required builders of homes to be licensed. Although DelVal Construction, Inc. did not have a license, it built a home for German at a price of $385,000. German made a down payment of $65,000 before DelVal began construction. When German failed to pay the balance that was owed, DelVal sued her. She raised the defense that the unlicensed contractor could not recover for the contract price. The jury, after hearing the evidence, concluded that DelVal performed satisfactory work. DelVal claimed that the lack of a license was not a bar to recovering the money because the president of the corporation was a licensed builder and the only shareholder of the corporation. Is this an illegal contract? Should the law allow German to take advantage of DelVal by not paying the additional $320,000 for the house? What public policy would support such an outcome? Which party will succeed?

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