Strike, a clothing manufacturer from Minnesota, offered to sell Bailey, the owner of a clothing store in Colorado, one thousand shirts for a stated price to be paid on delivery of the shirts. The offer declared that shipment would be made by Dependable Truck Line to Bailey's store. Bailey replied, "I accept your offer for one thousand shirts at the price quoted. However, delivery is to be by Yellow Express Truck Line." Both Dependable Truck Line and Yellow Express Truck Line are well-known national companies. Three weeks later, Strike shipped the shirts by Dependable Truck Line, which was just a few dollars cheaper, and Bailey refused to accept delivery. Strike sued for breach of contract. Bailey claimed that there never was a contract because his reply, which included a modification of carriers, did not constitute an acceptance. Bailey further claimed that, even if there had been a contract, Strike would have been in breach because Strike shipped the shirts by Dependable, contrary to the contract terms. Discuss fully Bailey’s claims.
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