Forest Nursery Co. v. I.W.S., Inc.

OPINION OF THE COURT

B. Marc Mogil, J.

Plaintiff, a century-old Tennessee wholesale plant nursery, seeks to recover the contract price of $6,431 for plants purchased by defendant I.W.S., Inc., an Oceanside retail business operating as Discount Nursery. After a trial held on July 21, 1988, and posttrial submissions, this court makes the following findings of fact and conclusions of law.

BACKGROUND

On or about April 1985, plaintiff and defendant entered into an agreement for the sale and purchase of a quantity of *662plants. The terms were sale and delivery C.O.D. with the express provision of "No Risk…