On May 1, Sikora goes into Carsons retail clothing store to purchase a suit. Sikora finds a

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On May 1, Sikora goes into Carson’s retail clothing store to purchase a suit. Sikora finds a suit he likes for $190 and buys it. The suit needs alterations. Sikora is to pick up the altered suit at Carson’s store on May 10. Consider the following separate sets of circumstances:
(a) One of Carson’s major creditors obtains a judgment on the debt Carson owes and has the court issue a writ of execution (a court order to seize a debtor’s property to satisfy a debt) to collect on that judgment all clothing in Carson’s possession. Discuss Sikora’s rights in the suit under these circumstances.
(b) On May 9, through no fault of Carson’s, the store burns down, and all contents are a total loss. Between Carson and Sikora, who suffers the loss of the suit destroyed by the fire? Explain.

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Business Law Text and Cases

ISBN: 978-0324655223

11th Edition

Authors: Kenneth W. Clarkson, Roger LeRoy Miller, Gaylord A. Jentz, F

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