Sunkissed and Marylin Thomas

 Marilyn Thomas purchased a pool heater from Sunkissed.  The contract read that the pool was to delivered and installed for a price of $1000.00. The pool heater was delivered to Marilyn’s residence, but the delivery slip was signed by Nancy Thompson.  Marilyn did not know of anyone by that name.  She called Sunkissed to advise the company to move the heater indoors.  She was afraid the heater might be damaged or stolen.  The heater remained in her driveway for four days.  When Marilyn noticed that the heater had been removed she again called Sunkissed, but she was told “not to worry.” When Sunkissed showed up to install the heater, they realized that the heater had been stolen. Who was responsible for the loss of the heater?  Fully explain your answer

 

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