Ted’s Gifts and Sweets enters into a written contract with Bannon Candies to supply Ted’s with 60 dozen boxes of coconut clusters each month for sale to the public. The agreement contained an integration clause. Before the first delivery under the contract, Ted and his warehouse manager called Debbie, the Bannon’s account representative, to request that the candies be delivered in special Valentine boxes. Debbie told Ted, “Don’t worry, I’ll tell the shipping department to take care of that.” When the candies were delivered, they were in standard cardboard boxes. Ted called Bannon and threatened to sue for breach of contract. Will Ted prevail in his suit?
A. No, Ted will not prevail because his attempt to modify the agreement was not effective.
B. No, Ted should have written a letter to change the type of boxes in the contract.
C. Yes, Ted made a valid modification to the parties’ original agreement.
D. Yes, Ted will prevail because he has a witness to the telephone call.
Ted’s Gifts and Sweets enters into a written contract with Bannon Candies to supply Ted&