Speedy Stop sells necessities to neighborhood shoppers until 1 a.m. every day. Dairyland delivered its order of milk products as usual around 6 a.m. while Mary, the shopkeeper, was busy with the early coffee and donut crowd. The Dairyland driver left 12
crates in the refrigerator compartment and went on to the rest of his route. At 7:30 a.m., Mary went into the freezer to shelve the milk products and discovered that all 12 crates contained buttermilk rather than the usual mix of containers of whole milk, 2%, skim milk, and cream variety she had ordered. What is her obligation with regard to the goods?
Since this involves a rightful rejection by a merchant buyer, Mary must: 1. notify Dairyland; 2. follow their instructions as to disposal (or resell if no instructions within a short period of time); 3. keep the goods in the refrigerator; 4. be reimbursed for storage, cost of resale, and a reasonable sales commission not to exceed 10% of the gross proceeds.
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