Rheinberg-Kellerei Gmbh v. Vineyard Wine Company, Inc.

281 S.E.2d 425 (1981)

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Nature of the Case

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Facts

On 25 August 1978, Sutton prepared a written confirmation of the orders and mailed them to D. D received the written confirmation and never gave written a notice of objection to the contents. Written confirmation of the orders together with 'Special Instructions' which reflected the instructions to P regarding the proposed consolidated shipment, were mailed to P in West Germany on or about 25 August 1978. The purchase price of the 620 cases of wine ordered was $8,621.25. Between August and December 1978, D made telephone inquiries to Sutton concerning the status of the wine orders but was not furnished any information concerning when and how the wine would be shipped or when and where it would arrive. On or about 27 November 1978, P issued a notice to Sutton giving the date of the shipment, port of origin, vessel, estimated date of arrival and port of arrival. Sutton did not notify the defendant of anything. D was not aware of the details of the shipment. P delivered the wine to a shipping line on 29 November 1978. P then forwarded the invoice for the entire container, certificate of origin and bill of lading, to its bank in West Germany, which forwarded the documents to Wachovia Bank and Trust Company, N.A., in Charlotte, North Carolina. Wachovia mailed a notice requesting payment for the entire consolidated shipment, by sight draft in exchange for documents. The notice was not returned by the Post Office to the sender. On or about 24 January 1979, D first learned that the container of wine had left Germany in early December 1978 aboard the MS Munchen, which was lost in the North Atlantic with all hands and cargo aboard between 12 December and 22 December 1978. D did not pay Wachovia for the lost shipment. P sued D for the purchase price. D got the judgment and P appealed.