Who will prevail in given case and why

Assignment Help Management Theories

Reference no: EM131386495

In April, F. W. Lang Company (Lang) purchased an ice cream freezer and refrigeration compressor unit from Fleet for $2,160. Although the parties agreed to a written installment contract providing for an $850 down payment and eighteen installment payments, Lang made only one $200 payment upon receipt of the goods.

One year later, Lang moved to a new location and took the equipment along without notifying Fleet. Then, in May or June of the following year, Lang disconnected the compressor from the freezer and used it to operate an air conditioner. Lang continued to use the compressor for that purpose until the sheriff seized the equipment and returned it to Fleet pursuant to a court order. Fleet then sold the equipment for $500 in what both parties conceded was a fair sale. Lang then brought an action charging that the equipment was defective and unusable for its intended purpose and sought to recover the down payment and expenses incurred in repairing the equipment.

Fleet counterclaimed for the balance due under the installment contract less the proceeds from the sale. Who will prevail? Why?

Reference no: EM131386495

Questions Cloud

Is the plaintiff correct in its assertion : Is the plaintiff correct in its assertion that its performance had become impracticable through unforeseen events and that it is entitled to relief from performance?

Explain the significance of each item from investing section : Analyze and explain the significance of each item from the investing section of the statement. Analyze the cash flow from the financing section of the statement and describe why the dividends section is important to your client.

Compare and contrast tcp congestion and flow control : 1. Compare and Contrast TCP congestion and flow control 2. Describe how TCP handles packets received out of sequence 3. Explain three advantages of IPv6 versus IPv4

What to you is comedy : "What to YOU is Comedy?" What do you find funny? Can you give examples of stories, authors or other arts that you find humor? Also, WHY do you find those things funny?

Who will prevail in given case and why : Fleet counterclaimed for the balance due under the installment contract less the proceeds from the sale. Who will prevail? Why?

Difference between the divide and measure commands : Explain the difference between the DIVIDE and MEASURE commands. Under what conditions would you use each of these commands?

New software application or business web app : Please read instructions carefully. Speaker notes must also be included. Original work only please. Resource: Ch. 10, "Designing Forms and Reports" Design two forms for a new software application or business web app that will collect data from its us..

Can mccullough rescind the agreement : She continued to operate the vehicle until the time of trial, some seventeen and one-half months (and twenty-three thousand miles) later. Can McCullough rescind the agreement?

Draw the aircraft door hinge component : Create a new drawing named hinge.dwg and draw the aircraft door hinge component shown in Fig. 30-15. Dimension the hinge using symmetrical tolerancing and specify tolerances as shown.

User Account

All Pages