Amboy Closeouts, Inc., agreed to purchase 25,000 Christmas ornaments from Polar Trading, Inc. Alcorn, president of Amboy, requested 15 cases of the ornaments as samples and agreed to purchase the samples if he was pleased with the quality. He received the samples and determined that they were in satisfactory condition, but the bill was never paid. Alcorn contacted Polar Trading to order more ornaments, but he was told that he needed to fax a copy of a deposit check in order to secure the shipment. Alcorn faxed a copy of the $2,000 deposit check to Polar Trading, but he did not mail the check. Polar Trading sent a total of 352 ornaments to Alcorn. After receiving the shipment, Alcorn contacted Polar Trading and reported that many of the cases were defective. He had already sold some of the ornaments, but the rest were sent back. Polar Trading sold some of the returned ornaments but was unable to sell the complete shipment. Amboy argued that, under the UCC, it had the right to reject all the goods, accept all the goods, or partially accept and reject some of the goods. Furthermore, Amboy argued that Polar Trading breached the con- tract by delivering defective goods and, therefore, no payment was due. How did the court decide?
Answer to relevant QuestionsThe buyer purchased from a car dealer a used car that was made by the dealership's car manufacturer. The car was still under the car manufacturer's limited warranty. The car buyer, because of problems with the car that she ...Abdul Matin returned from a lengthy trip abroad and discovered that an unknown person had used forged checks to empty his account at Chase Manhattan Bank. The person forged a change-of-address card, which caused the bank to ...Doseung Chung, the plaintiff, a horse player, was at Belmont Park Racetrack, which is owned by the defendant, New York Racing Association. While at the track, Chung was using a voucher to place bets on the races through an ...In this bankruptcy case, the court had to determine whether an LLC should have been considered a purchaser of instruments or a holder in due course under the UCC. Yale, the company that purchased the instruments through ...Kevin Scott purchased a new Ford van on credit from Koons Ford of Baltimore, Inc. He made a down payment of $3,406 and agreed to make 60 monthly payments of $403.93 to pay off the balance. The contract was assigned by Koons ...
Post your question