When the defendant refused to pay on the contract, the plaintiff sued. Decision?
The plaintiff, a German wine producer and exporter, contracted to ship 620 cases of wine to the defendant, a distributor in North Carolina. The contract was silent as to the shipment destination. During the next several months, the defendant called repeatedly to find out the status of the shipment. Later, without notifying the defendant, the plaintiff delivered the wine to a shipping line in Rotterdam, destined for Wilmington, North Carolina. The ship and the wine were lost at sea en route to Wilmington. When the defendant refused to pay on the contract, the plaintiff sued. Decision?
On the grounds of the absence of notification about the shipment of the delivery from the seller, the buyer can refuse to pay for the loss caused by theft as they are not aware about the delay in delivery.
Delivery for the shipment requires prior notification of the shipment to the buyer. In this case, the buyer may refuse to pay due to lack of delivery notification.