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Additional Problem 5. Aldo shipped 10 refrigerators to Rafael pursuant to a sales contract under which title to the goods and risk of loss would

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Additional Problem 5. Aldo shipped 10 refrigerators to Rafael pursuant to a sales contract under which title to the goods and risk of loss would pass to Rafael upon delivery to Fleet Railroad . The agreed price was $5,0do . When the refrigerators were delivered to Rafael , he found they were damaged . An estimate for repairing them showed it would cost up to $1, 000 , and an expert Opinion was to the Effect that they were defective when shipped . Rafael put in a claim to Aldo, which Aldo rejected . Rafael then wrote to Aldo , " I don't like to get into a dispute of this nature . I am enclosing my check for $ 4, 000 in full payment of the shipment . " Aldo did not reply , but he cashed the check and then sued Rafael for the $ 1, and balance . May he recover ? Explain

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