Walters, a grower of Christmas trees, contracted to supply Traynor with “top-quality trees.” When the shipment arrived and was inspected, Traynor discovered that some of the trees were not top quality. Within 24 hours, Traynor notified Walters that he was rejecting the trees that were not top quality. Walters did not have a place of business or an agent in the town where Traynor was. Christmas was only a short time away. The trees were perishable and would decline in value to zero by Christmas Eve. Walters did not give Traynor any instructions, so Traynor sold the trees for Walters’s account. Traynor then tried to recover from Walters the expenses he incurred in caring for and selling the trees. Did the buyer act properly in rejecting the trees and reselling them for the seller?
Answer :buyer act properly in rejecting the trees and reselling them for the seller and to recover from Walters the expenses he incurred in caring for and selling the trees.
Explanation
Buyer could recover damages under either of two sets of circumstances: (1) if the buyer rightfully rejected or revoked his acceptance of all or part of the trees or, (2) if the buyer accepted the trees, but some or all of the trees did not conform to the terms of the contract.
If a buyer exercises ownership with respect to the goods after rejection or revocation of acceptance, then such rejection or revocation is no longer effective.
The mere act of the buyer selling the trees after delivery does not, in and of itself, constitute acceptance. A buyer is under an obligation to make reasonable efforts to sell trees for the seller’s account if they are perishable or threatened to decline in value. If a buyer sells trees that are perishable or threatened to decline in value, he is entitled to reimbursement from the seller or out of the proceeds of sale to obtain reasonable expenses of caring for and selling the trees, including commissions.
In this situation buyer act properly in rejecting the trees and reselling them for the sellerand to recover from Walters the expenses he incurred in caring for and selling the trees. because buyer is under an obligation to make reasonable efforts to sell trees for the seller’s account if they are perishable or threatened to decline in value
