What difference, if any, in result if Gardner were a merchant?
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Gardner owned a quantity of corn, which was contained in a corncrib located on Gardner’s farm. On March 12, Gardner wrote a letter to Bassett stating that he would sell to Bassett all of the corn in this crib, which he estimated at between nine hundred and one thousand bushels, for $3.90 per bushel. Bassett received this letter on March 13 and immediately wrote and mailed on the same day a letter to Gardner stating that he would buy the corn. The corncrib and its contents were accidentally destroyed by fire that broke out about 3 a.m. on March 14. What are the rights of the parties? Gardner owned a quantity of corn, which was contained in a corncrib located on Gardner’s farm. On March 12, Gardner wrote a letter to Bassett stating that he would sell to Bassett all of the corn in this crib, which he estimated at between nine hundred and one thousand bushels, for $3.90 per bushel. Bassett received this letter on March 13 and immediately wrote and mailed on the same day a letter to Gardner stating that he would buy the corn. The corncrib and its contents were accidentally destroyed by fire that broke out about 3 a.m. on March 14. What difference, if any, in result if Gardner were a merchant? |
Explanation
Here, Person B may not have any rights against Person G for the violation of the contract since Person G's duty of accountability was justified by the coincidental demolition of the subject matter.The sale was completed but unfortunate demolition occurred before the delivery of the goods. So,Person G may have to bear the burden of loss.
Verified Answer
Here, the probability of risk may be suffered by Person G since they possess the load of corns and Person B may also not be liable for the amount of corn.
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