You are a book merchant. You own a store that sells rare and expensive books. One of your regular customers, Charlie, wants to purchase an original copy of Thoreau's Walden that you are selling for $2,500, but Charlie has been laid-off during the recession. You tell Charlie that you'll hold the book for him at the $2,500 price, as long as he promises to come back and buy it as soon as he gets a job. You even give Charlie a typed note on your business letterhead promising to keep the offer open for as long as it takes for Charlie to get back on his feet. Charlie comes back to your store six months later and tells you that he has a job now, and he'd like to buy the book. You tell him, "Sorry, Charlie. I sold that book last week." Charlie is very angry and threatens to sue you for breach of contract. The opportunity to own that copy of Walden has been the only motivation that has sustained Charlie during these hard months of unemployment.
(1) What is Charlie going to argue to the court?
(2) What is your best legal argument to the court?
(3) If you challenged Charlie solely on the specific elements of a firm offer as defined by the UCC 2-205, i.e., you argued that your offer to sell Walden to Charlie whenever he is able to get a job is NOT a firm offer, would you be successful?