[Download] "Home Federal Savings & Loan Association v. Pleasants" by Arizona Court of Appeals # Book PDF Kindle ePub Free

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eBook details

• Title: Home Federal Savings & Loan Association v. Pleasants
• Author : Arizona Court of Appeals
• Release Date : January 22, 1975
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 67 KB

Description

There is little dispute in the record as to the 55 prior lettuce transactions which took place between Arakelian and ODay. They are, respectively, grower and buyer, engaged in the agricultural commodity business. In all instances relevant to the case, ODay resold the lettuce to his own customers. Between February 27, 1969 and April 13, 1970, William E. Kirchberg (Kirchberg), a food broker, contacted Arakelian and placed 55 orders for lettuce on behalf of ODay, his principal. As is customary in the business, all orders were verbal, having in these instances been placed over the telephone. The correct quantity of lettuce for each order was shipped by Arakelian to one of several coolers where it was held under cold storage and transferred to a carrier for shipment to one of ODays customers at another destination. In each instance, a bill of lading was signed by the carrier in whose hands the shipment was placed. The original and several copies of the bill of lading were then sent to Arakelian where an invoice was prepared for all charges and mailed to ODay along with a copy of the bill of lading. The invoice showed the lettuce as having been sold to ODay, the date of shipment, the ultimate destination and the total charge. On the other hand, the bill of lading would give no indication of either ODays or Kirchbergs involvement in the transaction. The information it contained showed only that the quantity of lettuce had been loaded aboard and accepted by the particular carrier involved for delivery to its ultimate destination.

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