. Would a court be likely to consider Holcomb a merchant under the UCC? Why or why not?


. Did the parties have a valid contract under the UCC? Were any terms left open in the contract? 


so, which terms? How would a court deal with open terms?


. Suppose that Holcomb and TCG meet in October in an attempt to resolve their problems. At that

time, the parties reach an oral agreement that TCG will continue to work without demanding full

payment of the past due amounts and Holcomb will pay TCG $5,000 per week

. Assuming the

contract falls under the UCC, is the oral agreement enforceable? Why or why not?