Eureka, Inc., inventor of the LBVC, a laser-beam vegetable chopper, ran a television ad that described the chopper and said, "The LBVC is yours for only $49.99 if you send your check or money order to Box 007, Greenville. Not available in stores." Gourmet, who owned a retail specialty shop, wrote Eureka, "What's your best firm price for two dozen LBVCs?" Eureka sent a written reply that said in its entirety, "We quote you for prompt acceptance $39.99 per unit for 24 LBVCs." Gourmet subsequently mailed a check to Eureka in the appropriate amount, with a memo enclosed saying, "I accept your offer for 24 LBVCs."A contract would arise from these communications only if
both parties were merchants. Eureka had at least 24 LBVCs in stock when Gourmet's check and memo were received. Gourmet's check and memo were mailed within three months after his receipt of Eureka's letter. Gourmet's check and memo were mailed within a reasonable time after his receipt of Eureka's letter.
Question: Eureka, Inc., inventor of the LBVC, a laser-beam vegetable chopper, ran a television ad that described the chopper and said, "The LBVC is yours for only $49.99 if you send your check or money order to Box 007, Greenville. Not available in stores." Gourmet, who owned a retail specialty shop, wrote Eureka, "What's your best firm price for two dozen LBVCs?" Eureka sent a written reply that said in its entirety, "We quote you for prompt acceptance $39.99 per unit for 24 LBVCs." Gourmet subsequently mailed a check to Eureka in the appropriate amount, with a memo enclosed saying, "I accept your offer for 24 LBVCs."A contract would arise from these communications only if
A. both parties were merchants.
B. Eureka had at least 24 LBVCs in stock when Gourmet's check and memo were received.
C. Gourmet's check and memo were mailed within three months after his receipt of Eureka's letter.
D. Gourmet's check and memo were mailed within a reasonable time after his receipt of Eureka's letter.
Answer: