Neither party acceded to the demand of the other. Has either one a right of action against the other? Explain.
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Benny and Sheree entered into a contract for the sale of one hundred barrels of flour. No mention was made of any place of delivery. Thereafter, Sheree demanded that Benny deliver the flour at her place of business, and Benny demanded that Sheree come and take the flour from his place of business. Neither party acceded to the demand of the other. Has either one a right of action against the other? Explain. |
Explanation
The demand for delivery of goods made by the Customer S at their own place reflects their unwillingness toward the acceptance of the delivery of the goods.
As per Section 2 (308) (a) of the Uniform Commercial Code, the goods should be collected from the dealer's place, provided that the place of delivery is not mentioned in the contract. So, in this case, Customer S does not have any right against Dealer B without the specification of the place of delivery in the signed contract.
Verified Answer
Yes, Section 2 (308) (a) of the Uniform Commercial Code states that if the delivery place is not clearly mentioned in the selling contract, the dealer's place will be treated as the place of delivery. So, in this case, Dealer B has right to take any appropriate action against Customer S.
