ScholarMatic: Explanation & Answer
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Show transcribed image text Marilyn Thomas purchased an installed purchased an installed pool heater from Sunkissed. The pool heater was delivered to Marilyn's residence, but the delivery slip was signed by Nancy Thomas. Marilyn did not know of anyone by that name. She called Sunkissed to advise them to move the heater. The neighborhood was not safe, and she was worried that the heater would be taken. The heater remained in her drive-way for approximately four days. When Marilyn noticed that the heater was no longer in her drive-way she again contacted Sunkissed, but she was told "not to worry." Who was responsible for the loss of the heater? Did Sunkissed actually "deliver" the heater to Marilyn? How do you think the court decided? [In re Marilyn Thomas, 182 B.R. 347 (1995).]
Marilyn Thomas purchased an installed purchased an installed pool heater from Sunkissed. The pool heater was delivered to Marilyn's residence, but the delivery slip was signed by Nancy Thomas. Marilyn did not know of anyone by that name. She called Sunkissed to advise them to move the heater. The neighborhood was not safe, and she was worried that the heater would be taken. The heater remained in her drive-way for approximately four days. When Marilyn noticed that the heater was no longer in her drive-way she again contacted Sunkissed, but she was told "not to worry." Who was responsible for the loss of the heater? Did Sunkissed actually "deliver" the heater to Marilyn? How do you think the court decided? [In re Marilyn Thomas, 182 B.R. 347 (1995).]
ScholarMatic: Explanation & Answer
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