Question

Tambe Electric entered into a written agreement with Home Depot to provide copper wire to Tambe at a price set forth in the writing, and allowed the contractor the option of paying for the wire over a period of time. Tambe later tried to purchase such wire on a payment plan but Home Depot refused. As Home Depot did not fulfill this written agreement, Tambe sued for $68,000, the additional cost it had to subsequently pay to obtain copper wire for its work. Home Depot defended that it had made an oral condition precedent requiring payment in full by Tambe at the time it accepted the price quote in the written agreement. The result is that:_________

Answer 1

Tambe will win.

Step-by-step explanation:

The Statue of Frauds requires that contracts over $500 are written, and both companies had a written contract. Home Depot later argues that they had orally agreed to modify the written contract. That modification will not hold since it cannot contradict the written contract. In order to legally modify a written contract, you must do it in writing, not orally.