Plaintiff contracted to install a boiler for defendant. After plaintiff had installed and tested the boiler, but
Question:
Plaintiff contracted to install a boiler for defendant. After plaintiff had installed and tested the boiler, but before final payment to plaintiff had been made, defendant took custody of the boiler and operated it from mid-April to July 18, 1967. On July 18, while the paperwork necessary to conclude the contract was being processed, the boiler exploded. Note that the operative phrase here is “while the paperwork necessary to conclude the contract was being processed.” Does this mean that the defendant had not accepted the boiler since the contract was not executed? Had enough time elapsed from the receipt of the boiler to the explosion to assume acceptance?
Step by Step Answer:
Dynamic Business Law
ISBN: 9781260733976
6th Edition
Authors: Nancy Kubasek, M. Neil Browne, Daniel Herron, Lucien Dhooge, Linda Barkacs