Tennis Emporium, whose headquarters were located in Woodward…
Tennis Emporium, whose headquarters were located in Woodward, contracted to buy 1,000 tennis balls from Tennis Balls, Co., which sold the balls from Springfield. The written contract called for the tennis balls to be delivered in Greenville a month after the contract was executed, payment due at delivery. Tennis Balls, Co. shipped the balls timely from Springfield using Rely-in-Us Carrier, a third-party carrier. During shipment, however, the tennis balls became damp and damaged when cans of tomato soup in the same shipment fell and soup spilled all over the balls. The contract was silent as to which party would bear the loss should the goods become damaged or destroyed during shipment. Neither Tennis Emporium nor Tennis Balls, Co. was at fault, and the loss of the balls was not insured. Which party should bear the loss?
Read Details