MaxTown Oil had a contract with TCW 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 MaxTown talked with the purchasing agent of TCW 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, TCW sued. The likely outcome of this lawsuit is:

MaxTown Oil had a contract with TCW 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 MaxTown talked with the purchasing agent of TCW 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, TCW sued. The likely outcome of this lawsuit is:

MaxTown Oil had a contract with TCW 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 MaxTown talked with the purchasing agent of TCW 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, TCW sued. The likely outcome of this lawsuit is:






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









Answer: B


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