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Fresh Stuff Company Agrees to Sell One Hundred Cases of Uncooked

Question 72

Essay

Fresh Stuff Company agrees to sell one hundred cases of uncooked burgers, cut potatoes, shredded lettuce, sliced tomatoes, and other specific food items to Good Eats, Inc. The goods, which Good Eats ex?pressly requires to be fresh, are to be shipped "F.O.B. Good Eats distribution center in Brooklyn, NY." When the goods arrive, Good Eats rejects them and informs Fresh Stuff, claiming that the foods do not conform to Good Eats's freshness re?quirement-the food is old, stale, spoiled, and moldy. A few hours later, the cases are destroyed in a fire at Good Eats's distribution center. Will Fresh Stuff succeed in a suit against Good Eats for the cost of the goods?

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No, because the goods were nonconforming...

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