Court Erred In Finding A Lack Of Mutual Assent.

A commodities merchandiser entered into 12 contracts.  It sued the buyer alleging it failed to accept and pay for some of the merchandise. After a bench trial, the court found there was no mutual assent for lack of certain contract terms.  Judgment was entered for the buyer.  The Court of Appeal reversed, stating in part:  “The trial court’s finding of lack of mutual assent is erroneous under the California Uniform Commercial Code, which provides ‘gap fillers’ to cover the terms left open by the parties’ oral agreement.”  Apex LLC v. Sharing World, Inc.  (Cal. App. Fourth Dist., Div. 3; June 5, 2012) 206 Cal.App.4th 999.