Question: Numismatic Funding Corporation Numismatic with its principal place of business
Numismatic Funding Corporation (Numismatic), with its principal place of business in New York, sells rare and collector coins by mail throughout the United States. Frederick R. Prewitt, a resident of St. Louis, Missouri, responded to Numismatic’s advertisement in the Wall Street Journal. Prewitt received several shipments of coins from Numismatic via the mails. These shipments were “on approval” for 14 days. Numismatic gave no instructions as to the method for returning unwanted coins. Prewitt kept and paid for several coins and returned the others to Numismatic, fully insured, via FedEx. Numismatic then mailed Prewitt 28 gold and silver coins worth over $ 60,000 on a 14 day approval. Thirteen days later, Prewitt returned all the coins via certified mail of the U. S. Postal Service and insured them for the maximum allowed, $ 400. Numismatic never received the coins. Numismatic sued Prewitt to recover for the value of the coins, alleging that Prewitt had an express or implied duty to ship the coins back to Numismatic by FedEx and fully insured. Prewitt argued that he was not liable for the coins because this was a sale or return contract. Who wins? Prewitt v. Numismatic Funding Corporation, 745 F. 2d 1175, 1984 U. S. App. Lexis 17926 ( United States Court of Appeals for the Eighth Circuit)
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