(DOWNLOAD) "Pucci Distributing Co. V. Nellos" by New Mexico Supreme Court ~ eBook PDF Kindle ePub Free
eBook details
- Title: Pucci Distributing Co. V. Nellos
- Author : New Mexico Supreme Court
- Release Date : January 08, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
Appellee Pucci Distributing Company (Pucci), a wholesale liquor distributor, brought this suit to collect funds owed against appellants George and Christine Nellos (Nellos), liquor retailers doing business as Kelly's Liquors. In October 1985, Pucci offered a discounted price on Stroh's beer. The discount was in effect only for a limited period of time. To allow retailers to avail themselves of the reduced price without taking delivery during the specified discount period, a retailer was permitted to place a purchase order on Pucci's invoice form (termed a prebill) with delivery to occur sometime thereafter. A purchase order for Stroh's was placed by Nellos, dated and signed on October 12, 1985. The district court determined Pucci delivered the beer on October 15, a claim disputed by Nellos. Nellos also claims that no invoice was left with the delivery and no signature acknowledging delivery was obtained from Nellos or an employee, despite Pucci's normal practice, which was to obtain a signed invoice upon delivery.