Law for Business 12th Edition by James Barnes,Terry Dworkin,Eric Richards

Exercise 3

Spada, an Oregon corporation, agreed to sell Belson, who operated a business in Chicago, Illinois, two carloads of potatoes at "$4.40 per sack, FOB Oregon shipping point." Spada had the potatoes put aboard the railroad cars; however, he did not have floor racks used in the cars under the potatoes as is customary during winter months. As a result, there was no warm air circulating and the potatoes were frozen while in transit. Spada claims that his obligations ended with the delivery to the carrier and that the risk of loss was on Belson. What argument would you make for Belson?