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law
business law

Questions and Answers of Business Law

Anita, a New York dealer, purchased twenty-five barrels of specially graded and packed apples from a producer at Hood River, Oregon. She then resold the apples to Benji under a contract that
Smith was approached by a man who introduced himself as Brown of Brown & Co. Brown was not known to Smith, but Smith asked Dun & Bradstreet for a credit report and obtained a very favorable report on
Charlotte, the owner of a new Cadillac automobile, agreed to loan the car to Ellen for the month of February while she (Charlotte) went to Florida for a winter vacation. It was understood that Ellen,
Brilles offered to sell his used automobile to Nevarro for $12,600 cash. Nevarro agreed to buy the car, gave Brilles a check for $12,600, and drove away in the car. The next day Nevarro sold the car
Yount told Lewis he wished to buy Lewis’s automobile. He drove the car for about ten minutes, returned to Lewis, stated he wanted to take the automobile to show it to his wife, and then left with
On February 7, Pillsbury purchased eight thousand bushels of wheat from Landis. The wheat was being stored at the Greensville Grain Company. Pillsbury also intended to store the wheat with
Johnson, who owned a hardware store, was indebted to Hutchinson, one of her suppliers. Johnson sold her business to Lockhart, one of Johnson’s previous competitors, who combined the inventory from
Seller had manufactured forty thousand pounds of plastic resin pellets specially for the buyer, who agreed to accept them at the rate of one thousand pounds per day upon his issuance of shipping
Harrison, a men’s clothing retailer located in Westport, Connecticut, ordered merchandise from Ninth Street East, Ltd., a Los Angeles–based clothing manufacturer. Ninth Street delivered the
United Road Machinery Company, a dealer in heavy road equipment (including truck scales supplied by Thurman Scale Company), received a telephone call on July 21 from James Durham, an officer of
McCoy, an Oklahoma cattle dealer, orally agreed with Chandler, a Texas cattle broker, to ship cattle to a New Mexico feedlot for delivery to Chandler. The agreement was for six lots of cattle valued
Home Indemnity, an insurance company, paid one of its insureds after the theft of his car. The car reappeared in another State and was sold to Michael Schrier for $4,300 by a used car dealer. The
Fred Lane, who sells boats, motors, and trailers, sold a boat, motor, and trailer to John Willis in exchange for a check for $6,285.00. The check was not honored when Lane attempted to use the funds.
Mike Moses purchased a mobile home, including installation, from Gary Newman. Newman delivered the home to Moses’s lot. Upon inspection of the home, Moses’s finance´ found a broken window and
At the advent of the social season, Aunt Lavinia purchased a hula skirt in Sadie’s dress shop. The salesclerk told her, ‘‘This superior garment will do things for a person.’’ Aunt
The Talent Company, manufacturer of a widely advertised and expensive perfume, sold a quantity of this product to Young, a retail druggist. Dentley and Bird visited Young’s store and Dentley,
John Doe purchased a bottle of ‘‘Bleach-All,’’ a well-known brand, from Roe’s combination service station and grocery store. When John used the ‘‘Bleach-All,’’ his clothes
A route salesperson for Ideal Milk Company delivered a onehalf- gallon glass jug of milk to Allen’s home. The next day, when Allen grasped the milk container by its neck to take it out of his
While Butler and his wife, Wanda, were browsing through Sloan’s used car lot, Butler told Sloan that he was looking for a safe but cheap family car. Sloan said, ‘‘That old Cadillac hearse
John purchased for cash a Revenge automobile manufactured by Japanese Motors, Ltd., from an authorized franchised dealer in the United States. The dealer told John that the car had a ‘‘24-month,
Fred Lyon of New York, while on vacation in California, rented a new model Home Run automobile from Hart’s Drive-ACar. The car was manufactured by the Dumars Motor Company and was purchased by
Plaintiff brings this cause of action against a manufacturer for the loss of one leg below the hip. The leg was lost when caught in the gears of a screw auger machine sold and installed by the
The plaintiff, while driving a van manufactured by the defendant, was struck in the rear by another motor vehicle. Upon impact, the plaintiff’s head was jarred backward against the rear window of
Plaintiff, while dining at defendant’s restaurant, ordered a chicken potpie. While she was eating, she swallowed a sliver of chicken bone, which became lodged in her throat, causing her serious
Salem Supply Co. sells new and used gardening equipment. Ben Buyer purchased a slightly used riding lawn mower for $1,500. The price was considerably less than that of comparable used mowers. The
Seigel, a seventy-three-year-old man, was injured at one of Giant Food’s retail food stores when a bottle of Coca-Cola exploded as he was placing a six-pack of Coke into his shopping cart. The
Guarino and two others (plaintiffs) died of gas asphyxiation and five others were injured when they entered a sewer tunnel without masks to answer the cries for help of their crew leader, Rooney.
Green Seed Company packaged, labeled, and marketed a quality tomato seed known as ‘‘Green’s Pink Shipper’’ for commercial sale. Brown Seed Store, a retailer, purchased the seed from Green
Shell Oil Company leased to Flying Tiger Line a gasoline tank truck with a movable ladder for refueling certain types of aircraft. Under the terms of the lease, Flying Tiger was to maintain the
A gasoline-powered lawn mower that had been used earlier to cut grass was left unattended next to a water heater that had been manufactured by Sears. Expert testimony was presented to demonstrate
Mrs. Embs went into Stamper’s Cash Market to buy soft drinks for her children. She removed five bottles from an upright soft drink cooler, placed them in a carton, and then turned to move away from
Catania wished to paint the exterior of his house. He went to Brown, a local paint store owner, and asked him to recommend a paint for the job. Catania told Brown that the exterior walls were stucco
Robinson, a truck driver for a moving company, decided to buy a used truck from the company. Branch, the owner, told Robinson that the truck was being repaired and that Robinson should wait and
Perfect Products manufactures balloons, which are then bought and resold by wholesale novelty distributors. Mego Corp. manufactures a doll called ‘‘Bubble Yum Baby.’’ A balloon is inserted in
Patient was injured when the footrest of an adjustable X-ray table collapsed, causing Patient to fall to the floor. G.E. manufactured the X-ray table and the footrest. At trial, evidence was
Heckman, an employee of Clark Equipment Company, severely injured his left hand when he caught it in a power press that he was operating at work. The press was manufactured by Federal Press Company
Raymond and Sandra Duford purchased a wood-burning stove from Sears. The stove was manufactured by Preway, Inc. At trial, it was shown that Raymond had inadvertently installed the section of the
Vlases, a coal miner who had always raised small flocks of chickens, spent two years building a new two-story chicken coop large enough to house 4,000 chickens. After its completion, he purchased
For more than forty years, Rose Cipollone smoked between one and two packs of cigarettes a day. Upon her death from lung cancer, Rose’s husband, Antonio Cipollone, filed suit against Liggett Group,
Trans-Aire International, Inc. (TAI) converts ordinary automotive vans into recreational vehicles. TAI had been installing carpet and ceiling fabrics in the converted vans with an adhesive made by
Plaintiff’s children purchased an Aero Cycle exercise bike for their mother to use in a weight-loss program. The Aero Cycle bike was manufactured by DP and purchased from Wal-Mart. The second time
Brian Felley purchased a used Ford Taurus from Thomas and Cheryl Singleton for $5,800. The car had 126,000 miles on it. After test driving the car, Felley discussed the condition of the car with
For sixteen years, Mrs. Dorothy Mae Palmer had been married to an insulator who worked with asbestos products. Mrs. Palmer was not exposed to asbestos dust in a factory setting; rather, she was
Mae contracted to sell one thousand bushels of wheat to Lloyd at $5.00 per bushel. Just before Mae was to deliver the wheat, Lloyd notified her that he would not receive or accept the wheat. Mae sold
On December 15, Judy wrote a letter to David stating that she would sell to David all of the mine-run coal that David might wish to buy during the next calendar year for use at David’s factory,
On January 10, Betty, of Emanon, Missouri, visited the showrooms of the Forte Piano Company in St. Louis and selected a piano. A sales memorandum of the transaction signed both by Betty and by the
Sims contracted in writing to sell Blake one hundred electric motors at a price of $100 each, freight prepaid to Blake’s warehouse. By the contract of sale, Sims expressly warranted that each motor
Henry and Mary entered into a written contract whereby Henry agreed to sell and Mary agreed to buy a certain automobile for $8,500. Henry drove the car to Mary’s residence and properly parked it on
James sells and delivers to Gerald on June 1 certain goods and receives from Gerald at the time of delivery Gerald’s check in the amount of $9,000 for the goods. The following day, Gerald is
The ABC Company, located in Chicago, contracted to sell a carload of television sets to Dodd in St. Louis, Missouri, on sixty days’ credit. ABC Company shipped the carload to Dodd. Upon arrival of
Robert in Chicago entered into a contract to sell certain machines to Terry in New York. The machines were to be manufactured by Robert and shipped F.O.B. Chicago not later than March 25. On March
Calvin purchased a log home construction kit manufactured by Boone Homes, Inc., from an authorized Boone dealer. The sales contract stated that Boone would repair or replace defective materials and
Margaret contracted to buy a particular model Rolls-Royce from Paragon Motors, Inc. Only one hundred of these models are built each year. She paid a $3,000 deposit on the car, but Paragon sold the
Technical Textile agreed by written contract to manufacture and sell 20,000 pounds of yarn to Jagger Brothers at a price of $2.15 per pound. After Technical had manufactured, delivered, and been paid
Sherman Burrus, a job printer, purchased a printing press from the Itek Corporation for a price of $7,006.08. Before making the purchase, Burrus was assured by an Itek salesperson, Mr. Nessel, that
Through information provided by S-2 Yachts, Inc., the plaintiff, Barr located a yacht to his liking at the Crow’s Nest marina and yacht sales company. When Barr asked the price, he was told that,
Lee Oldsmobile sells Rolls-Royce automobiles. Mrs. Kaiden sent Lee a $25,000 deposit on a 2001 Rolls-Royce with a purchase price of $145,500. Although Lee informed Mrs. Kaiden that the car would be
Servebest contracted to sell Emessee two hundred thousand pounds of 50 percent lean beef trimmings for $105,000. Upon a substantial fall in the market price, Emessee refused to pay the contract price
Mrs. French was the highest bidder on eight antique guns at an auction held by Sotheby & Company. Mrs. French made a down payment on the guns but subsequently refused to accept the guns and refused
Teledyne Industries, Inc., entered into a contract with Teradyne, Inc., to purchase a T–347A transistor test system for the list and fair market price of $98,400 less a discount of $984. After the
Wilson Trading Corp. agreed to sell David Ferguson a specified quantity of yarn for use in making sweaters. The written contract provided that notice of defects, to be effective, had to be received
Daniel Martin and John Duke contracted with J&S Distributors, Inc., to purchase a KIS Magnum Speed printer for $17,000. The parties agreed that Martin and Duke would send one half of the money as a
Bishop Logging Company is a large, family-owned logging contractor formed in the low country of South Carolina. Bishop Logging has traditionally harvested pine timber. However, Bishop Logging began
A farmer made a contract in April to sell to a grain dealer forty thousand bushels of corn to be delivered in October. On June 3, the farmer unequivocally informed the grain dealer that he was not
State whether the following provisions impair or preclude negotiability, the instrument in each instance being otherwise in proper form. Answer each statement with either the word
State whether the following provisions in a note impair or preclude negotiability, the instrument in each instance being otherwise in proper form. Answer each statement with either the word
On March 10, Tolliver Tolles, also known as Thomas Towle, delivered to Alonzo Craig and Abigail Craig the following instrument, written by him in pencil:For value received, I, Thomas Towle, promise
Henry Hughes, who operates a department store, executed the following instrument:$2,600 Chicago, March 5, 2011On July 1, 2011, I promise to pay Daniel Dalziel, or order, the sum of Twenty-Six Hundred
Paul agreed to lend Marsha $500. Thereupon Marsha made and delivered her note for $500 payable to Paul or order ‘‘ten days after my marriage.’’ Shortly thereafter Marsha was married. Is the
For the balance due on the purchase of a tractor Henry Brown executed and delivered to Jane Jones his promissory note containing the following language:January 1, 2011, I promise to pay to the order
Sam Sharpe executed and delivered to Don Dole the following instrument:Knoxville, Tennessee May 29, 2011Thirty days after date I promise to pay Don Dole or order, Five Thousand Dollars. The holder of
Explain whether the following instrument is negotiable. March 1, 2011One month from date, I, James Jimson, hereby promise to pay Edmund Edwards: Six thousand, Seven hundred Fifty ($6,750.00) dollars,
Broadway Management Corporation obtained a judgment against Briggs. The note on which the judgment was based reads in part: ‘‘Ninety Days after date, I, we, or either of us, promise to pay to the
Sandra and Thomas McGuire entered into a purchase and sale agreement for ‘‘Becca’s Boutique’’ with Pascal and Rebecca Tursi. The agreement provided that the McGuires would buy the store for
On September 2, 2005, Levine executed a mortgage bond under which she promised to pay the Mykoffs a preexisting obligation of $54,000. On October 14, 2011, the Mykoffs transferred the mortgage to
Horne executed a $100,000 note in favor of R. C. Clark. On the back of the instrument was a restriction stating that the note could not be transferred, pledged, or otherwise assigned without
Holly Hill Acres, Ltd. executed and delivered a promissory note and a purchase money mortgage to Rogers and Blythe. The note provided that it was secured by a mortgage on certain real estate and that
Roy Rand executed and delivered the following note to Sue Sims: ‘‘Chicago, Illinois, June 1, 2011; I promise to pay to Sue Sims or bearer, on or before July 1, 2011, the sum of $7,000. This note
Lavinia Lane received a check from Wilmore Enterprises, Inc., drawn on the Citizens Bank of Erehwon, in the sum of $10,000. Mrs. Lane indorsed the check ‘‘Mrs. Lavinia Lane for deposit only,
What types of indorsements are the following?(a) ‘‘Pay to Monsein without recourse.’’(b) ‘‘Pay to Allinore for collection.’’(c) ‘‘I hereby assign all my rights, title, and
Explain whether each of the following transactions results in a valid negotiation:(a) Arnold gives a negotiable check payable to bearer to Betsy without indorsing it.(b) Golden indorses a negotiable
Alpha issues a negotiable check to Beta payable to the order of Beta in payment of an obligation Alpha owed Beta. Beta delivers the check to Gamma without indorsing it in exchange for one hundred
Melvin executed and delivered to Dawkins a negotiable promissory note payable to the order of Dawkins as payment for one hundred bushels of wheat Dawkins had sold to Melvin. Dawkins indorsed the note
Simon Sharpe executed and delivered to Ben Bates a negotiable promissory note payable to the order of Ben Bates for $500. Bates indorsed the note, ‘‘Pay to Carl Cady upon his satisfactorily
Debbie Dean issued a check to Betty Brown payable to the order of Cathy Cain and Betty Brown. Betty indorsed the check ‘‘Payable to Elizabeth East, (signed) Betty Brown.’’ What rights, if
Triplett attempted to arrange a $2,850,000 loan through Meyer Rabin and his Consumer’s Investment Company (CIC). CIC issued a commitment letter conditioned on the payment of a $14,250 commitment
The drawer, Commercial Credit Corporation (Corporation), issued two checks payable to Rauch Motor Company. Rauch indorsed the checks in blank, deposited them to its account in University National
Edmund Jezemski, estranged and living apart from his wife, Paula, was administrator and sole heir-at-law of his deceased mother’s estate, one asset of which was real estate in Philadelphia. Without
Cole was supervisor of the shipping department of Machine Mfg., Inc. In February, Cole found herself in need of funds and, at the end of that month, submitted to Ames, the treasurer of the
While assistant treasurer of Travco Corporation, Frank Mitchell caused two checks, each payable to a fictitious company, to be drawn on Travco’s account with Brown City Savings Bank. In each case,
Arthur and Lucy Casarez contracted with Blas Garcia, who purported to be a representative of the Albuquerque Fence Company, for the construction of a new home. Blas introduced the Casarezes to Cecil
Mrs. Wilson was employed as the office manager of Palmer & Ray Dental Supply of Abilene, Inc. Soon after an auditor discovered a discrepancy in the company’s inventory, Mrs. Wilson confessed to
J. R. Simplot, Inc. (d/b/a Simplot Soilbuilders) held a security interest in Richard L. Knight’s 2011 crops. To protect this security interest, Simplot sent a ‘‘SECURITY INTEREST NOTICE to all
Moore issues a negotiable promissory note payable to the order of Parish for the amount of $3,000. Parish raises the amount to $13,000 and negotiates it to Holton for $12,000.(a) If Holton is a
On December 2, 2010, Miles executed and delivered to Proctor a negotiable promissory note for $10,000, payable to Proctor or order, due March 2, 2011, with interest at 6 percent from maturity, in
Thornton fraudulently represented to Daye that he would obtain for her a new car to be used in Daye’s business for $17,800 from Pennek Motor Company. Daye thereupon executed her personal check for
Adams, who reads with difficulty, arranged to borrow $5,000 from Bell. Bell prepared a note, which Adams read laboriously. As Adams was about to sign it, Bell diverted Adams’s attention and
On January 2, 2011, seventeen-year-old Martin paid $2,000 for a used motorboat to use in his fishing business, after Dealer’s fraudulent misrepresentation of the condition of the boat. Martin
McLaughlin borrowed $1,000 from Adler, who, apprehensive about McLaughlin’s ability to pay, demanded security. McLaughlin indorsed and delivered to Adler a negotiable promissory note executed by
McEnally purchased a refrigerator for his home from Peircault Appliance Store for $700. McEnally paid $200 in cash and signed an installment contract for $500, which in its entirety stated: January

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