Case Brief,chapter 23 Citation Windows, Inc. v. Jordan Panel Systems Corp. United States Court of Appeals, Second Circuit, 1999 177 F.3d 114 Procedural History: This case is appeal from a buyer from a grant of summary judgment in favor of the seller dismissing the buyer claim for incidental and consequential damages resulting from damage suffered by the goods during shipment. Rule of Law: In this case we have Risk of Loss in the Absence of Breach which states that the contract “does not require the seller to deliver the goods at a particular destination, the risk of loss passes to the buyer when the goods are duly delivered to the carrier.“ Facts: Windows Inc. (plaintiff) a fabricator and seller of windows and Jordan Systems Inc. (defendant) is a construction subcontractor. Jordan ordered custom-made windows from Windows, and the purchase contract aleged that the goods are to be properly packed and delivered to New York City. During the shipment the goods sustained extensive damages, and
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This note was uploaded on 12/18/2011 for the course LAW 102 taught by Professor Sheetas during the Spring '11 term at SUNY Canton.