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On July 1, Paul's Produce Company of Pittsburgh, Pennsylvania orders 200 cases of peaches from the George's Best Peaches

Posted: Wed Jul 06, 2022 6:08 am
by answerhappygod
On July 1, Paul's Produce Company of Pittsburgh, Pennsylvaniaorders 200 cases of peaches from the George's Best PeachesWholesale Compay of Athens, GA for $30 per case, "FOB Pittsburgh"with a promised delivery date of August 1. The peaches aredelivered on July 5th. Paul's Produce dock worker Paco Perry opensthe peach containers and they appear to be in acceptable condition.5 days later, Paul's Produce Manager Peter Parker notices that thepeaches on the bottom of each of the cases are spoiled. He callsGeorgia's Best Peaches and lets them know that the peaches aren'tacceptable and that they don't want them. Peter donates the 200cases of peaches with the spoiled ones on the bottom to the localfood pantry and buys 200 cases of peaches from the local Hy-Veestore for $35 per case. On July 12th, George's Best Peaches shipsanother 200 cases of peaches to Paul's Produce and they arrive onJuly 15th. Peter calls George's and tells them he doesn't need thepeaches and for them "to come get them". On July 17th, Paul'swarehouse containing the peaches supplied by George's Best Peachescatches on fire and the whole building and contents are destroyed.Paul's Produce and George's Best Peaches want to sue each other andrecover all available remedies. What is your contractual analysisand what will be the result?