Cengage Advantage Books: Foundations of the Legal Environment of Business 2nd Edition by Marianne Jennings, Albert Napier, Marianne Jennings

تمرين 18

Roy E. Farrar Produce Co. ordered a shipment of boxes from International Paper Company that were to be suitable for the packing and storage of tomatoes. The dimensions of the two sizes of boxes were to be such that either 20 or 30 pounds of tomatoes could be packed without the necessity of weighing each box. Mr. Farrar requested that the boxes be the same type as those supplied to Florida packers for shipping tomatoes. Mr. Farrar told Mr. Wilson, an agent for International, to obtain the correct specifications for the Florida-type box.
International shipped Mr. Farrar 21,500 unassembled boxes at a unit price of 64 cents per box. The boxes were not tomato boxes, were not Florida boxes, did not have adequate stacking strength, and would not hold up during shipping. Mr. Farrar had to repack 3,624 boxes (at a cost of $1.92 per box). Substitute boxes were purchased for 10 cents above the International price. The replacement boxes were Florida boxes and did not collapse. Mr. Farrar was also forced to pay growers $6 a box for tomatoes damaged during shipping. He could not use 6,100 boxes, and his sales dropped off, resulting in financial deficiencies in his operation. Can Mr. Farrar recover for his damages? Why or why not? [ International Paper Co. v Farrar, 700 P.2d 642 (N.M. 1985)]