Problem.Sale of refrigerator

    Robert had owned a retail appliance store for forty years when he decided to retire. Following an inventory liquidation sale and termination of his lease, he was left with a few unsold appliances. He stored them in the basement of his residence while he and his wife took a long deserved vacation - - a year long trip around the world.   Upon his return, he advertised the refrigerators for sale in the newspaper.   Val, a veterinarian, responded to Robert’s ad for the sale of a refrigerator, which she intended to use in her clinic both to refrigerate vaccines for animals and to refrigerate soft drinks, lunches and dinners for herself and her employees.

    On a Sunday afternoon, Val examined the refrigerators in Robert's basement.  She and Robert agreed that she would purchase one of the refrigerators and she paid Robert half of the purchase price.  The two agreed that Val would pay the balance when she picked up the refrigerator, and they agreed that she would pick up the refrigerator within the next few days. On Monday evening, a strong earthquake struck the area and all of the refrigerators in Robert’s basement toppled and were severely damaged.

    Val wants her down payment back and Robert wants the balance of the purchase price. What result and why?  See U.C.C 2-509, 2-104, 2-503, 2-613, 2-709(1). Would your analysis be different if the relevant jurisdiction had adopted R.U.C.C. 2-509?