The plaintiff, a Los Angeles manufacturer of mens clothing, sold a variety of clothing to the defendant,

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The plaintiff, a Los Angeles manufacturer of men’s clothing, sold a variety of clothing to the defendant, a retailer in Westport, Connecticut. The plaintiff prepared four invoices covering the clothing and stamped them “FOB Los Angeles,” and added the words “goods shipped at purchaser’s risk.” The plaintiff delivered the goods to the Denver-Chicago Trucking Company. When the truck arrived in Connecticut with the goods, the defendant’s wife was in charge of the store. She ordered the driver to unload the cartons and place them inside the store. The driver refused and left with the goods. The defendant complained to the plaintiff, who filed a claim against the trucking company. No reimbursement was obtained by the plaintiff, and the defendant never received the goods. Now the plaintiff seller sues the defendant buyer for the purchase price. Who wins? You decide. (Ninth Street East, Ltd. v. Harrison, 259 A.2d 772, Conn.)

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