Logourl black
From our private database of 14,100+ case briefs...

Rheinberg-Kellerei GmbH v. Vineyard Wine Company

North Carolina Court of Appeals
281 S.E.2d 425 (1981)


Facts

Rheinberg-Kellerei GmbH (Rheinberg) (plaintiff), a West German corporation, entered into a contract to sell wine to Vineyard Wine Company (Vineyard) (defendant), a North Carolina corporation. Vineyard did not request that the wine be delivered to any specific location and was unaware of the details of the shipment. Rheinberg delivered the wine to a shipping line without notifying Vineyard, and the wine was placed on a ship for transit from the Netherlands to North Carolina. The ship was lost at sea, along with all hands and cargo. Rheinberg sent Vineyard’s bank an invoice for the wine on December 27, 1978. Vineyard did not learn that the shipment had been lost until January 1979. Upon learning that the shipment was lost, Vineyard refused to pay for the shipment, and Rheinberg sued to recover the cost of the shipment. The trial court found that Rheinberg had failed to comply with Uniform Commercial Code (UCC) § 2-504 by failing to promptly notify Vineyard of the shipment and that the risk of loss of the wine therefore did not pass from Rheinberg to Vineyard upon delivery of the wine to the ship carrier under UCC § 2-509. The trial court dismissed Rheinberg’s action. Both parties appealed.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Wells, J.)

The holding and reasoning section includes:

  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

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 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read 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. Read more about Quimbee.

Here's why 222,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 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.