Furlong agreed to sell sweaters to defendant Alpha Chi Omega Sorority

(“AXO”) according to a specified design. AXO made a down payment ($2,000)

on the purchase price and agreed to pay the balance ($1,612) upon timely delivery of the sweaters. Furlong changed the design in five particulars without notice to or consent by defendant. Immediately after timely delivery of the sweaters, defendant inspected the sweaters, found that the imprinted design did not meet the design specifications, and notified Furlong that the goods were rejected. AXO held the sweaters for Furlong, but Furlong never retrieved them.

Furlong then sued AXO for the balance due.

CASE QUESTIONS

1. Were the sweaters shipped by Furlong nonconforming goods as defined by the UCC? Explain.

2. Did AXO properly reject the goods? Explain.

3. Who prevails and why?