The Athletic Booster Club of Distance Ed University was attempting to acquire equipment for its football team. They knew of a wealthy alumnus who had 50 football helmets in storage and wrote to ask if the team could use the helmets. The alumnus sent the helmets. During the first day of practice in the hot sun, the helmets melted out of shape, becoming unusable. The Club demands that the Alumnus replace the helmets arguing a breach of an express warranty of fitness and an implied warranty of merchantability. The alumnus contends there was no contract and she is liable for nothing.
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