Lafer Enterprises sold Christmas decorations to B. P. Development &

Management Corp., the owners and operators of the Osceola Square Mall. The

package of decorations was delivered to Osceola Square Mall prior to

Thanksgiving 1986 for a total cost of $48,775, which B. P. would pay in three

installments. Cathy Trivigno, a manager at B. P. who supervised the installation

of the decorations, indicated that she and the Osceola Square Mall merchants

were not satisfied with the quality of the decorations, but they needed to be in

place for the day after Thanksgiving (the start of the holiday shopping season).

B. P. complained to Lafer about the quality of the decorations but had the

decorations installed. B. P. paid the first installment to Lafer but then stopped

Chapter 26 Obligations and Performance 593

payment on the last two checks. B. P. claimed it had rejected the decorations.

Lafer claimed breach for nonpayment because B. P. had used the decorations.

Did B. P. accept the decorations? [B. P. Dev. & Management Corp. v Lafer

Enterprises, Inc., 538 So2d 1379 (Fla App)]

AppendixLO1