Question
Bain ordered from Marcum a carload of lumber, which he intended to use in the construction of small boats for the U.S. Navy pursuant to
Bain ordered from Marcum a carload of lumber, which he intended to use in the construction of small boats for the U.S. Navy pursuant to contract. The order specified that the lumber was to be free from knots, wormholes, and defects. The lumber was shipped, and immediately upon receipt Bain looked into the door of the fully loaded car, ascertained that there was a full carload of lumber, and acknowledged to Marcum that the carload had been received. On the same day Bain moved the car to his private siding and sent to Marcum full payment in accordance with the terms of the order. A day later, the car was moved to the work area and unloaded in the presence of the navy inspector, who refused to allow threefourths of it to be used because of excessive knots and wormholes in the lumber. Bain then informed Marcum that he was rejecting the order and requested refund of the payment and directions on disposition of the lumber. Marcum replied that because Bain had accepted the order and unloaded it, he was not entitled to return of the purchase price. Who is correct? Explain.
Answer will be following format:- A: answer the question asked I: Issue: identify the legal issue presented in the problem LC: State the legal concept involved in the legal issue. Include the elements of the legal concept D: Short discussion to support the answer with combining the elements of the legal concept with the operative facts in the problem. (It is Business Law subject which class required for accounting students.) Thank you
There is no business law in the options.
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