400.2-613. Casualty to identified goods. - Missouri Statutes

Casualty to identified goods.

400.2-613. Where the contract requires for its performancegoods identified when the contract is made, and the goods suffercasualty without fault of either party before the risk of losspasses to the buyer, or in a proper case under a "no arrival, nosale" term (section 400.2-324) then

(a) if the loss is total the contract is avoided; and

(b) if the loss is partial or the goods have so deterioratedas no longer to conform to the contract the buyer maynevertheless demand inspection and at his option either treat thecontract as avoided or accept the goods with due allowance fromthe contract price for the deterioration or the deficiency inquantity but without further right against the seller.

(L. 1963 p. 503 § 2-613)

(1975) Failure of soybean crop where there was no specific acreage or location on which the beans were to be produced cannot be used to avoid contract under this section. Bunge Corp. v. Recker (C.A. Mo.), 519 F.2d 449.