Cengage Advantage Books: Law for Business 19th Edition by John Ashcroft,Katherine Ashcroft,Martha Patterson

تمرين 25

Sales
P A Investments, Inc. d/b/a/ Andy's Mobile Home and Land Sales (Andy's), purchased for resale a mobile home which had been repossessed by Vanderbilt Mortgage and Finance, Inc. (Vanderbilt). Douglas Singletary then purchased with cash the same mobile home from Andy's, "as is where is," rather than pay Andy's extra for delivery to another location. Andy's had not yet received all of the appropriate documentation from Vanderbilt to issue a certificate of title to Singletary. While Singletary was arranging the removal and delivery of the mobile home, it was destroyed by fire. Singletary demanded a return of the purchase price arguing that without the documents of title, neither ownership nor risk of loss had passed to him. Who bore the risk of loss? [ Singletary, III v. P A Investments, Inc., 712 S.E.2d 681 (N.C. App.)]