George Oppenheimer, an agent for Wellington Farms of Massachusetts, Inc., had contacted Mark Kiriakou from the Capital Area Food Bank regarding an order for frozen turkey meat. In an exchange of emails, Kiriakou emailed Oppenheimer a purchase order number and delivery location. Oppenheimer then provided Kiriakou with multiple invoices. While the frozen turkey meat was in transit to the defendant’s place of business, the then-CEO of Capital Area Food Bank contacted Oppenheimer and stated that the defendant could not pay for the order and could not, as a result, accept delivery. Eventually, the turkey was placed in a storage facility.1 This case raises a number of possible issues:
1. Who “owns” the turkey meat as it sits in storage? In other words, when did title transfer?
2. Who has an insurable interest here?
3. What if the turkey is damaged while in storage or while it was in transit? Who would bear the loss?
4. Were the email exchanges sufficient to form a UCC Article 2 contract for the sale of goods?