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Business, 06.05.2020 06:25 dearydn22

Mid-American Oil had a contract with NSB Company to supply 1,000 gallons of oil by September 1. The contract contained a provision which required all modifications to be written and signed by the company presidents. In early August, an executive of Mid-American talked with the purchasing agent of NSB who orally agreed to two shipments of oil; one in September and the second one in December.
By September 30, when only 500 gallons had been delivered, NSB sued.
The likely outcome of this lawsuit is:

a) NSB wins because the modification was not supported by new consideration.
b) NSB wins because the modification has to be in writing.
c) Mid-American Oil wins because the UCC governs this case and no new consideration is required.
d) Mid-American Oil wins because new consideration was present.

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