Social Studies, 27.07.2021 19:00 TamB01
The owner of a television agreed to sell it to a neighbor for $250. The neighbor made a down payment of $70, took possession of the television and agreed to pay the outstanding balance in nine equal $20 installments, beginning on June 5, with subsequent installments due on the fifth of each month until the balance was paid in full.
The neighbor's friend owed her $200. On May 20, the neighbor and her friend entered into an oral agreement whereby the friend agreed to make the nine $20 installment payments to the seller in exchange for the neighbor's promise to forgive the friend's $200 debt. On June 7, the seller called the neighbor to ask her where his first $20 installment payment was, and she told him at that time of her agreement with her friend. The friend has made none of the installment payments.
If the seller files suit against the friend demanding payment, who will prevail?
A. The seller, because he was a third-party beneficiary of the agreement between the neighbor and her friend.
B. The seller, because he is an assignee of the neighbor's rights against her friend.
C. The friend, because there was no consideration for her promise to the neighbor.
D. The friend, because the surety provision of the Statute of Frauds prevents the seller from enforcing the friend's promise.
Answers: 1
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