Consolidated Chemical Industries purchased three heat exchangers from Falls Industries in Cleveland. The contract specified that after
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Consolidated Chemical Industries purchased three heat exchangers from Falls Industries in Cleveland. The contract specified that after identification the machines were to be crated securely. They were then to be delivered, without breakage, to the Consolidated plant in East Baton Rouge. Because the machines were not crated securely, the exchangers were badly damaged in transit. Consolidated refused to accept them, and Falls sued. Falls claimed that risk of loss had passed when the goods were delivered to the carrier. Do you agree? (Falls Industries, Inc. v. Consolidated Chemical Industries, Inc., 258 F.2d 277)
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