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#15
January 25th 04, 04:30 PM
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Richard wrote:
See More I agree with you. The contract was for a used radio at $425. It was a breach of contract to supply anything else. In the UK at least, the seller would be obliged to arrange for pick-up if the buyer did not want to go thru the hassle of sending back. And I guess that the buyer could refuse to pay. Buyer could pay the $50 if he wanted to for the new radio, but would not be obliged to I'm sure. Different for goods that cannot be exactly ascertained, like grain from a large pile. Here, it's not unreasonable that the order may be above or below the ordered amount, and payment would be according to what is actually received. $479. |
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