A.M. Knitwear Corp. v. All America Export-Import Corp.
New York Court of Appeals
359 N.E.2d 342 (1976)
Relevant factsFree
All America's (defendant) order form specified "FOB PLANT" for yarn purchased from AM (plaintiff), to be picked up by a hired trucker for shipment abroad; AM loaded the yarn and notified All America it was ready, but before the actual trucker arrived, a thief posing as the trucker signed for and stole the shipment, and All America refused to pay.
IssueFree
Whether, under the UCC, a contract using the term F.O.B. followed by a place of shipment places the risk of loss on the seller until the goods are transferred to a carrier.