Pestana v. Karinol Corp.

367 So. 2d 1096 (1979)

From our private database of 45,900+ case briefs, written and edited by humans—never with AI.

Pestana v. Karinol Corp.

Florida District Court of Appeal
367 So. 2d 1096 (1979)

Facts

Karinol Corp. (Karinol) entered into a contract with a decedent of Pestana (plaintiff) in which Karinol agreed to sell and ship watches to Pestana’s decedent in Chetumal, Mexico. The contract did not specifically state which party bore the risk of loss while the watches were in transit. Moreover, the contract did not contain an F.O.B. (Free on Board) term. The bottom of the contract stated that the watches were to be sent to Chetumal, Mexico. Karinol hired a carrier for the safe transportation of the watches to Pestana’s decedent and gave the watches to the carrier for transport. Karinol also promptly notified Pestana’s decedent of the shipment and gave Pestana’s decedent the necessary documents to obtain possession of the watches upon arrival. Nevertheless, the watches were never delivered to Pestana’s decedent. Pestana sued Karinol, the carrier, and the carrier’s insurer (defendants). The parties agreed that the evidence demonstrated that Karinol performed all its obligations under the Uniform Commercial Code (UCC) if the contract between Karinol and Pestana’s decedent was a shipment contract. However, Pestana argued that the term at the bottom of the contract rendered the contract a destination contract. The trial court entered judgment in the defendants’ favor.

Rule of Law

Issue

Holding and Reasoning (Hubbart, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 735,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 735,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 45,900 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 735,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 45,900 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership