Question
Nebraska Furniture Mart (NFM) is a retailer of furniture with several mega-stores throughout the Midwest. NFM operates a centralized warehouse distribution center in Omaha, Nebraska.
Nebraska Furniture Mart ("NFM") is a retailer of furniture with several mega-stores throughout the Midwest. NFM operates a centralized warehouse distribution center in Omaha, Nebraska. NFM placed a large order for various pieces of furniture with Carolina Coastal, which has its factory in Charlotte, North Carolina. Carolina Coastal made the furniture ordered by NFM and shipped the furniture to NFM by train. While the order is in transit, the train derails in Tennessee, destroying all of the contents of the train cars, including NFM's order. NFM refuses to pay Coastal Carolina for the furniture because the furniture was never delivered to NFM. Coastal Carolina demands payment from NFM claiming that it fulfilled its obligations to NFM and was not at fault for the destruction of the furniture. What are NFM's rights against Coastal Carolina ? What are Coastal Carolina's rights against NFM?
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