Originally Posted By: Replacement
Quote:
Does a seller have an obligation to sell merchandise that has been miss marked if he realizes the mistake prior to shipment?


From what I remember of the Uniform Commercial Code, the answer would be "yes" if there were a binding contract. In this case, it appears that there was a binding contract, since there was offer, acceptance and consideration. The deal was done, and she reneged. Seller had constructive receipt of buyer's funds. Buyer could sue for specific performance, but is it worth it? Probably not, as others have pointed out.

I am not a lawyer, but I could play one on TV.


Wouldn't she have been obligated to deliver a C grade and not the B? What if it went the other way? Money was sent for a B grade and a C was delivered.