Bertha Jamison contracted to purchase a set of encyclopedias from Encyclopedia Britannica for $1,652.08. She made a

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Bertha Jamison contracted to purchase a set of encyclopedias from Encyclopedia Britannica for $1,652.08. She made a $100 down payment and signed a document entitled "Britannica Revolving Credit Agreement-Retail Installment Contract," in which she agreed to pay $57 per month until the purchase price was fully paid. The contract specified Jamison's street address as the location to which the encyclopedias were to be shipped. Soon thereafter, Encyclopedia Britannica assigned the contract to Merchants Acceptance, Inc.
Jamison never received the encyclopedias. A United Parcel Service (UPS) tracking slip revealed the encyclopedias were shipped to Jamison's post office box, not to her street address. Jamison refused to make any of the payments on her account. Merchants sued for payment of the outstanding balance. How should the court rule, and why?

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The law of marketing

ISBN: 978-1439079249

2nd Edition

Authors: Lynda J. Oswald

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