Is Sotheby’s entitled to collect the price of the guns from Mrs. French? Why or why not?
Mrs. French was the highest bidder on eight antique guns at an auction held by Sotheby & Company. Mrs. French made a down payment on the guns but subsequently refused to accept the guns and refused to pay the remaining balance of $24,886.27 owed on them. Is Sotheby’s entitled to collect the price of the guns from Mrs. French? Why or why not?
Evidence to support the answers is as follows:
Individual F has not accepted the guns and the possession of the guns is still with Company S. Company S is not going to be able to recover the price since it does not meet the requirements of code under the clause recover the price.
If the possession of goods is transferred to Individual F, Company S has the right to recover the price as per Article 2.
The probable answers to the question are as follows:
Company S has the right to collect or recover only the damages for the breach of contract or the incidental damages. Individual F has wrongfully rejected the guns.
The price can be recovered by Company S only can be recovered only when the damage of goods possession will be transferred to Individual F.