Discuss risk of loss passed until their delivery to chase

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Regen receive a letter from Chace, the material portion of which stated, Chace hereby places an order with you for 50 cases of red top tomatoes, ship them COD. Promptly upon receipt of the letter Reagan ship the tomatoes to Chase. While in route, the railroad car carrying the tomatoes was wreaked. Upon Chase his refusal to pay for the tomatoes, Reagan commenced at action to recover the purchase price. Chase defend it on the ground that as the shipment was COD neither title to the tomatoes nor risk of loss passed until their delivery to Chase. Who has title? Who has risk of loss? Explain

Reference no: EM131621540

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