Question: Jordan Panel Systems Corporation is a construction subcontractor that contracted to install windows at an air cargo facility at John F. Kennedy Airport in New

Jordan Panel Systems Corporation is a construction subcontractor that contracted to install windows at an air cargo facility at John F. Kennedy Airport in New York. Jordan entered into a contract to purchase custom-made windows from Windows, Inc., a fabricator and seller of windows located in South Dakota. The contract specified that the windows were to be shipped properly packaged and delivered to New York. Windows, Inc. arranged to have the windows shipped to Jordan by common carrier and delivered the windows to the common carrier properly packaged. During the course of the shipment, however, much of the glass was broken, and many of the window frames were gouged and twisted. Jordan refused to pay for the damaged windows and Windows, Inc. sued to recover the full purchase price. Which company should win? Is there anything either company could have done to avoid this lawsuit? [Windows, Inc. v. Jordan Panel Systems Corp., 177 F.3d 114 (2d Cir. 1999).]

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