Silver v. Wycombe, Meyer & Co., Inc.
City Court, City of New York, New York
477 N.Y.S.2d 288 (1984)
Relevant factsFree
After Silver (plaintiff) paid for custom furniture from Wycombe (defendant) and asked Wycombe to ship half immediately while holding the rest temporarily, a fire destroyed the undelivered half before shipment; Silver's insurer, having reimbursed him, sued Wycombe for the loss, and Wycombe argued the risk of loss had shifted to Silver once the furniture was ready for delivery and Wycombe was merely storing it as a bailee at Silver's request.
IssueFree
Whether, under the UCC, the risk of loss remains with a seller who agrees to store goods that are ready for delivery, until the goods are actually delivered.