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Townsend Produce agrees to sell 100 crates of lettuce to Metro Grocers under a shipment contract. Townsend arranges for Excel Transport to pick up


Townsend Produce agrees to sell 100 crates of lettuce to Metro Grocers under a shipment contract. Townsend arranges for Excel Transport to pick up and deliver the lettuce, which Excel Transport does. Most of the lettuce is severely damaged during transit because Townsend Produce did not instruct Excel Transport to use a refrigerated trailer. Who is most likely liable for the damage?

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