Terminal Grain Corporation brought an action against Glen
Freeman, a farmer, to recover damages for breach of an oral
contract to deliver grain. According to Terminal Grain,
Freeman orally agreed to two sales of wheat to Terminal
Grain of four thousand bushels each at $6.21 a bushel and
$6.41 a bushel, respectively. Dwayne Maher, merchandising
manager of Terminal Grain, sent two written confirmations
of the agreements to Freeman. Freeman never made any
written objections to the confirmations. After the first trans-
action had occurred, the price of wheat rose to between $6.75
and $6.80 per bushel, and Freeman refused to deliver the
remaining four thousand bushels at the agreed-upon price.
Freeman denies entering into any agreement to sell the sec-
ond four thousand bushels of wheat to Terminal Grain but
admits that he received the two written confirmations sent
by Maher.
a. What arguments support considering Freeman to be a
merchant who is bound by the written confirmations?
b. What arguments support considering Freeman not to
be a merchant seller and thus not bound by the written
confirmations?
c. What is the appropriate decision?
