Draper, the plaintiff, contracted with Meiners, a dealer in farm equipment, to buy a Minneapolis- Moline tractor and a new plow after trading in an old tractor and an old plow plus a cash payment of $ 5,300. The contract also required the dealer to install a cab and a radio on the tractor before delivery. The defendant, who was the manufacturer of farm equipment, delivered the tractor to the dealer in January, but not the cab because it was not in stock. In the meantime, the dealer showed Draper the tractor and he was told it was his. The tractor was even identified as his by giving it a customer number ( 804). In February, the completion of a routine audit disclosed the dealer to be greatly in arrears for substantial sums of money owed to Minneapolis- Moline (the defendant). The defendant then repossessed all its products on the dealer’s premises, including the tractor that had been set aside for Draper. Draper never did receive the tractor. He had to use his old tractor for spring plowing and incurred unexpected expenses of $ 400, which would not have happened with the new tractor. Consequently, Draper sued the defendant (Minneapolis- Moline) for this amount. The defendant claimed that the tractor did not belong to Draper and therefore was not responsible for paying the $ 400. Is the defendant
Answer to relevant QuestionsWhat are the implications for the buyer, if, before accepting delivery of the goods, he or she fails to inspect for defects? On November 15, the Bon Ton Corporation entered into a contract to purchase 100 leather chairs from Rudnick Manufacturing Company. Both companies are in the same city. Bon Ton prepaid 50 percent of the purchase price but ...Neff purchased from the Hanna Lumber Company prefabricated wooden trusses, which were manufactured according to preengineered specifications. Although the truss system was represented as structurally sound, it collapsed the ...The county of Ontario, New York, ordered twenty-three cell doors for the new wing of the Ontario County Jail. The vice president of the company that was to manufacture the doors told the jail superintendent that he knew ...Husted purchased a used car from Reed Motors and obtained a loan through the First National Bank. The car broke down and could no longer be used. Husted refused to pay the balance due on the car. At the time the car was ...
Post your question