On October 1, a store and a manufacturer agree by telephone to buy 50–100 pairs of running shoes at $40, with delivery in 60 days. The manufacturer later delivers 100 pairs, and the store repudiates. Can the manufacturer enforce a contract?

• A. Yes, for 50 pairs because the fax stated a quantity term of 50.
• B. Yes, for 100 pairs because delivery complied with the contract.
• C. No, the contract is void because the quantity was uncertain.
• D. No, the store’s repudiation defeats any contract.

Answer: (A)

Under the UCC, a quantity term in a sale of goods can be open or stated as a range, but the contract can still be enforceable if there is a mechanism to fix the actual quantity, such as a later written confirmation. In this case, the parties initially agreed to buy 50–100 pairs at $40 with delivery in 60 days. If a fax later fixed the quantity at 50, that confirmatory writing provides a definite quantity. With a fixed quantity of 50, there is a binding contract for 50 pairs, and the store’s repudiation constitutes a breach. The manufacturer, therefore, can enforce the contract for the 50 pairs that was fixed by the fax, not for 100. The.delivery of 100 does not create a separate enforceable contract for that amount absent a fixed quantity confirming 100. The store’s repudiation doesn’t void the contract; it kicks in breach remedies for the fixed quantity.