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Question
Peds, a wholesale shoe distributor, ordered a quantity of shoes from Ma Industries. When Peds received the shipment, it discovered that all of the shoes were cracked and peeling. Peds contacted Ma and stated that it was rejecting the shipment because the shoes were defective. Peds wanted to ship the shoes back to Ma but received no communication from Ma regarding what was to be done with the shipment. Peds did not pay the remainder owed for the shipment and stopped payment on the check that had been initially issued for the order. Subsequently, Peds had the shoes refinished by another company and distributed and sold the shoes. Ma sued for the value of the shipment. Did Peds accept the shipment of shoes and owe Ma for the goods?
Answer
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