Clark, a merchant boat dealer, sold a boat to Chatham, a consumer buyer for cash. The sale took place at the Parkside Marina, Clark’s place of business. Chatham, was about to go on a business trip and asked Clark to keep the boat at the marina until he returned. Chatham had planned to pick up the boat the following week. A severe storm struck the marina. As a result, all of the boats at the marina were damaged or sunk. When Clark returned to pick up the boat he was unable to take delivery because it was at the bottom of the bay. Chatham demanded that Clark refund his money. Clark refused claiming that a sale had been made and that the risk of loss had passed to Clark. Chatham sued Clark for the refund of the purchase price. Is Chatham entitled to a refund of the purchase price?

Chatham v. Clark Food Fair, Inc. 127 S.E.2d 868

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