Question: Harrison, the owner and operator of a men's clothing store in Westport, Connecticut, ordered a variety of clothing items from Ninth Street East, a clothing manufacturer in Los Angeles. Harrison was notified that the terms of the sale were FOB Los Angeles. When the truck carrying the goods arrived at Harrison's store, Harrison's wife insisted that the goods be placed inside the door, but the carrier refused. The dispute was not resolved, and the carrier kept the merchandise and left the store premises.
The merchandise was subsequently lost by the carrier. Harrison notified Ninth Street East of the nondelivery of the goods. Many attempts were made to locate the merchandise, but without success. Ninth Street East then sued Harrison for the purchase price of the goods. Harrison refused to pay. Is Ninth Street East entitled to payment? (Ninth Street East, Ltd. v. Harrison, Conn. 259 A.2d 772)