Appellant Peter Rickmyer ordered Tupperware from Wright and paid her by check. The order was submitted to respondent Merry Maker Sales, Inc., who delivered the Tupperware to respondent Carol Hurley, Wright's mother. Rickmyer asserts he is entitled to prevail as a matter of law because of his claim that he never actually received his Tupperware. Wright, as the hostess of the Tupperware party and recipient of the shipment from Merry Maker, was required to tender delivery of the goods to Rickmyer. Rickmyer is not entitled to prevail merely by claiming he did not receive the goods.
Risk of loss is allocated by statute.
And here the risk of loss was on Rickmyer once Wright and Hurley tendered delivery. Rickmyer asserts that the goods were not delivered within a reasonable time. Compare Minn. Stat. Here, Hurley and Wright tendered delivery within a reasonable time by placing the goods on Rickmyer's porch within a few months of Rickmyer's order. Finally, Rickmyer argues that Merry Maker was obligated to ship the goods directly to him.