The Corona Company had just developed what it believes to be its crowning achievement: Cal-Trak, a portable
Question:
The Corona Company had just developed what it believes to be its crowning achievement: Cal-Trak, a portable instrument that can measure and record calories as they are expended. Corona wishes to market this product to joggers and others concerned with fitness. It entered into the following agreement with Spartners: Corona will deliver a specified quantity of Cal-Traks to Spartners "on consignment." Title will remain in Corona. Spartners will use best efforts to sell the Cal-Traks to retail stores. Spartners has no obligation to pay for the Cal-Traks until they are sold, at which time Spartners will remit the sale price, less its commission. Spartners may return unsold Cal-Traks at any time without penalty and must return them upon Corona's demand.
Two months later, one of Spartners' judgment creditors caused the sheriff to levy upon all of its inventory, including 10,000 Cal-Traks. Corona seeks to recover the Cal-Traks from the sheriff, arguing that they are not property of the judgement debtor's. (of Spartners)
- What result? What could the loser have done to avoid the loss?
Business Law Text And Cases Legal Ethical Global And Corporate Environment
ISBN: 9780538470827
12th Edition
Authors: Kenneth W. Clarkson, Roger LeRoy Miller, Frank B. Cross