Question: Walters a grower of Christmas trees contracted to supply Traynor

Walters, a grower of Christmas trees, contracted to supply Traynor with "top-quality trees." When the shipment arrived and was inspected, Traynor discovered that some of the trees were not top quality. Within 24 hours, Traynor notified Walters that he was rejecting the trees that were not top quality. Walters did not have a place of business or an agent in the town where Traynor was. Christmas was only a short time away. The trees were perishable and would decline in value to zero by Christmas Eve. Walters did not give Traynor any instructions, so Traynor sold the trees for Walters's account. Traynor then tried to recover from Walters the expenses he incurred in caring for and selling the trees. Did the buyer act properly in rejecting the trees and reselling them for the seller?

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  • CreatedJuly 16, 2014
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