Michaels purchased a desk from Erwin who is not in the business of selling furniture. Erwin tendered delivery of the desk after receiving payment in full from Michaels. Michaels told Erwin that she would be unable to take possession of the desk until the next day. In the meantime, thieves stole the desk from Erwin's garage before Michaels had a chance to take possession. The risk of loss

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The risk of loss remained with Erwin until Michaels took possession of the desk because Michaels had not yet taken possession of the desk when it was stolen, and Erwin is not in the business of selling furniture, which typically means the risk of loss does not pass until the buyer takes possession.

Michaels Purchased a Desk from Erwin Who Is Not in the Business