Jordan Panel Systems, Inc., ordered custom-made windows from Windows, Inc. The purchase contract provided that the windows

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Jordan Panel Systems, Inc., ordered custom-made windows from Windows, Inc. The purchase contract provided that the windows were to be shipped properly packaged for motor freight transit and “delivered to New York City.” Windows constructed the windows according to Jordan’s specifications and arranged to have them shipped to Jordan by a common carrier, Consolidated Freightways Corp. Windows delivered them to Consolidated intact and properly packaged. During the course of shipment, the goods sustained extensive damage. Much of the glass was broken, and many of the window frames were gouged and twisted. Jordan’s president signed a delivery receipt noting that approximately two-thirds of the shipment was damaged due to “load shift.” Jordan made a claim with Consolidated for damages it had sustained and also ordered a new shipment from Windows, which was delivered without incident. Jordan did not pay for either shipment of windows, and Windows brought suit. Jordan cross-claimed for incidental and consequential damages resulting from the damaged shipment. Decision? Explain.

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Smith And Roberson Business Law

ISBN: 9780357364000

18th Edition

Authors: Richard A. Mann, Barry S. Roberts

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