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Rheinberg-Kellerei GmbH v. Vineyard Wine Company
Citation:
53 N.C. App. 560, 281 S.E.2d 425 (1981)Facts
Rheinberg-Kellerei GmbH, a wine seller, entered into a shipment contract with Vineyard Wine Company, Inc. to deliver wine by carrier. The plaintiff notified its agent, Frank Sutton, about shipment details on or about November 27, 1978, but this information was never communicated to the defendant buyer. The wine was shipped and subsequently lost at sea sometime between December 12 and December 22, 1978. The shipping documents were not received by the defendant’s bank for forwarding until December 27, 1978, several days after the loss had already occurred. The defendant refused to accept liability for the lost wine, arguing that the plaintiff had failed to provide prompt notice of shipment as required under the UCC.
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