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The Right of Rejection.
Erb Poultry, Inc., is a distributor of fresh poultry products in Lima, Ohio. CEME, LLC, does business as Bank Shots, a restaurant in Trotwood, Ohio. CEME ordered chicken wings and “dippers” from Erb, which were delivered and for which CEME issued a check in payment. A few days later, CEME stopped payment on the check. When contacted by Erb, CEME alleged that the products were beyond their freshness date, mangled, spoiled, ad he wrong sizes. CEME did not provide any evidence to support the claims or arrange to return the products.
Is CEME entitled to a full refund of the amount paid for the chicken? Explain. [Erb Poultry, Inc. v. CEME, LLC, 20 N.E.3d 1228 (Ohio App 2 Dist. 20140)] (See Remedies for Breach.)
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