Can markham recover the watches from davis

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Questions:

1. Johnson received a letter from Sanders, which stated, "Sanders hereby places an order with you for fifty cases of Green Bottom Lettuce. Ship them C.O.D." As soon as he received the letter, Johnson shipped the lettuce to Sanders. While en route, the railroad car carrying the lettuce was wrecked. When Sanders refused to pay for the lettuce, Johnson started an action to recover the purchase price. Sanders defended on the ground that because the shipment was C.O.D., neither title to the tomatoes nor risk of loss passed until their delivery to Sanders. Who has title? Who has the risk of loss? Explain.

2. Green contracted to buy fifty five cases of Pink Brand canned corn from Toddson, a Toledo seller, at a contract price of $1,260. Based on the contract, Toddson selected and set aside sixty cases of Pink Brand canned corn and tagged them "For Green." The contract required Toddson to ship the corn to Green via T Railroad, F.O.B. Toledo. Before Toddson delivered the corn to the railroad, the sixty cases were stolen from Toddson's warehouse.

Who is liable for the loss of the sixty cases of corn, Green or Toddson? Please explain.

3. Jacobs told Markham he wished to buy Markham's collection of antique watches. He told Markham he wanted to take the watches to his partner for evaluation. Jacobs then left with the watches and never returned. Jacobs sold the watches in another state to Davis and gave him a bill of sale. Can Markham recover the watches from Davis? Explain.

 

Reference no: EM133394617

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