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Wilton who is the proprietor for Windy City Watches in Chicago contacts Greg Gocci a wholesaler in Milwaukee who supplies retailers with Goccis. Wilton and Greg agree to Wilton purchasing 100 watches for $2,500. Greg faxes a form to Wilton for the agreement and Wilton signs the forma and mails it back. Greg receives the form two days later and the next week sends Wilton 50 watches and a note and bill for $2,500. Wilton changed his mind about the watches and calls Greg to notify him. Greg sues Wilton to enforce the original agreement.

Establish what is required for partial performance and what it allows to be enforced and did Greg sending the 50 watches allow for any of the watch agreement to be enforced?



Answer :

TutorEsme
To establish partial performance, there are a few key requirements. First, there must be an agreement between the parties. Second, one party must have performed part of the agreement. Third, the performance must be substantial. Fourth, the performance must be accepted by the other party.

In this case, Greg sending the 50 watches to Wilton could be considered partial performance. However, since the original agreement was for 100 watches, sending only 50 watches may not be considered substantial performance. Additionally, the acceptance of the performance is crucial for partial performance to be valid. If Wilton did not accept the 50 watches or the partial performance, it may not be enforceable.

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