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Having Made It Clear That She Would Not Buy Any

Question 41

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Having made it clear that she would not buy any tractor that had been involved in a fatal accident,and having been assured that the one she chose had never been in such an accident,Farmer Brown bought a tractor from Cornfeldt's Farm Machinery for $15,000 under a conditional sales contract.Cornfeldt assigned the contract to Titewod Finance,which gave proper notice of the assignment to Farmer Brown.Shortly after,Farmer Brown found out that this tractor had rolled over on another farmer and killed him,so she immediately returned the tractor to Cornfeldt and demanded a refund because of the misrepresentation.The salesman had known of the accident when he sold the tractor to her.


A) Farmer Brown can get her money back but she has no right not to pay Titewod and must continue to do so.
B) Titewod took the assignment subject to the equities and any defence to a suit for non-payment launched by Cornfeldt would also be a defence to a suit for non-payment launched by Titewod.
C) Farmer Brown can get her money back and does not have to pay Titewod.
D) Titewod can get its money back from Cornfeldt even though there was no misrepresentation to Titewod.
E) b,c and d.

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