Counsel for the defendant (XYZ) must argue the case againstbreach of contract in a type-written. Brief of Argument of750 words. The Brief of Argument must contain theinformation mentioned in the previous paragraph.

Facts

The ACME Sheet Metal Company ("ACME") planned to add a newproduct to its line and required new, custom-made equipment. ACMEcontacted Ralph Evans, who advertised himself as an independentdealer in industrial machinery. Evans told ACME representativesthat he was a sales agent for XYZ Machinery Incorporated ("XYZ")and that he would be able to order from XYZ, the custom-madeequipment ACME required. ACME signed an agreement with Evans,subject to confirmation by XYZ for the manufacture, sale andinstallation of the equipment. ACME gave Evans a deposit for partof the price and a promissory note (ie an enforceable debtagreement) for the remainder. Evans delivered the deposit money,the agreement and the promissory note to XYZ. The deposit and fundswere accepted as payment by XYZ and the contract was approved byXYZ. Delivery of the equipment was delayed beyond the timementioned in the agreement. ACME sent faxes to XYZ on severaloccasions requesting a progress report. XYZ responded to only oneof the faxes and never indicated at all that XYZ did not consideritself bound by the terms of the agreement signed by ACME.Eventually, XYZ delivered and installed the machinery. After a fewdays use, it became clear the equipment would be completelyunsatisfactory and would never perform in any way to thespecifications. When ACME contacted XYZ to demand that themachinery be repaired or replaced, XYZ said that it had no contractwith ACME. As far as XYZ was concerned, its contract was withEvans, because XYZ claimed to have a contract only with Evans. XYZexplained that it never deals directly with end-user customers andthat it deals only with Evans. It accepts responsibility for itsbusiness dealings with Evans and therefore denies any liability toACME.