Growingreen, a Gourmet Fresh Food Store That Sells Only the Highest

question 32

Multiple Choice

Growingreen, a gourmet fresh food store that sells only the highest quality fruits, orders 100 lbs. of peaches from Western Fruits "on approval." Growingreen has never dealt with Western before this transaction. The peaches arrived on Saturday, but the owners of Growingreen were too busy to open the crates. Sunday they are closed. Monday at 4 p.m., they opened the boxes and inspected the peaches. They did not meet the high standards of Growingreen, so they nailed the crates shut and ordered a truck to return them the next day. They arrived at Western on Thursday, totally spoiled, a week after they were sent. This is the first time Western knew they were not being accepted. Who is responsible for the damages to the peaches?

• A) Growingreen, since it did not inspect and notify Western within a reasonable time.
• B) Growingreen, the risk of loss was on them when the peaches arrived.
• C) Western, since they retained the risk of loss until approval.
• D) Western, because they agreed to take the goods back.

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