Olms is a merchant in the business of selling trailers and operates a sole proprietorship known as Cargo. He sold trailers from a site in Elk River, Minnesota.

Kenzie called Olms toward the end of January 3, 2022, ordered a custom-made trailer, and mailed him a check for $25,00. The trailer was manufactured and shipped to the Elk River site on January 24, 2022, as part of a larger shipment. Kenzie had agreed that he would pick the trailer up at the Elk River site. That was part of the original agreement. The trailer was kept within a locked, fenced area at the site. On January 26, 2022, Olms notified Kenzie that the trailer was available for him to pick up.

Olms left the trailer at the Elk River site for more than a month and that he attempted to reach Kenzie a number of times to let him to ask Kenzie when he would pick up the trailer. Kenzie never responded.

Kenzie finally arrived to pick up the trailer on February 28, 2022, it was gone. Olms told Kenzie that the trailer must have been stolen. The trailer has never been found. Olms has refused to return the $26,000 to Kenzie. Kenzie has sued to get the money back since he never received the trailer.

Who will win and why? What is the legal issue and the rule of law?