Question
Wolverine Phones, LLC contracts to deliver 1,000 iPhones to a new retail customer, Silver Surfer Electronics, LLC, on July 1, with payment to be made
Wolverine Phones, LLC contracts to deliver 1,000 iPhones to a new retail customer, Silver Surfer Electronics, LLC, on July 1, with payment to be made on delivery. Wolverine delivers the phones in its truck to Silver Surfer. Cyclops, Silver Surfer's manager, notices that some of the boxes with the IPhones have dents in them. Storm, the owner of Silver Surfer, text Jean Grey, a Wolverine manger, and asks whether the IPhones might have been damaged as they were being loaded. Wolverine assures Silver Surfer that the IPhones are in perfect condition. Silver Surfer sends a check to Wolverine; however, Wolverine does not accept that check, claiming that the first delivery to new customers is always for cash money. Silver Surfer promises to pay the cash within 7 days. Wolverine is not happy but decides to leave the IPhones with Silver Surfer. Cyclops stores the IPhones in the warehouse. Silver Surfer's "Grand Opening Sale" will be on July 15. 3 days later, Silver Surfer's stocker, Beast, opens some of the iPhone boxes and discovers that a number of the phones are damaged beyond ordinary repair. Silver Surfer refuses to pay Wolverine for the IPhones because they are broken. Wolverine claims Silver Surfer has accepted the IPhones and is in breach by not paying on delivery. Will Wolverine succeed on these claims? Will Silver Surfer succeed?
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