Beyer refused to pay unless he was given the opportunity to inspect the fertilizer. Who is correct? Explain.
Smith, having contracted to sell to Beyer thirty tons of described fertilizer, shipped to Beyer by carrier thirty tons of fertilizer, which he stated conformed to the contract. Nothing was stated in the contract as to time of payment, but Smith demanded payment as a condition of handing over the fertilizer to Beyer. Beyer refused to pay unless he was given the opportunity to inspect the fertilizer. Who is correct? Explain.
In this case, there is no provision in the signed agreement with respect to the payment and inspection of the goods.
So, the contract does not obligate either the seller to receive the payment for the goods after their inspection or the buyer to make the payment before inspecting the goods. But, in general, the buyer has right to inspect the goods before making the payment.
Section 2 (513) of the Uniform Commercial Code states that the buyer has right to inspect the goods before payment.
But there is no provision in respect of payment and inspection of the goods in that contract. Therefore, no one is wrong in this case.