JURITEXT000006952760 Généré par l'IA

Seller Resale Without Demand Bars Immediate Price Enforcement

Numéro de cause JURITEXT000006952760

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1960-01-21

Issue du litige Rejeté (Dismissed)

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Synthèse Legislator

Généré par l'IA

A seller sued a buyer for the price of goods delivered under a contract of sale, but the buyer refused payment, arguing the delivery was incomplete because the goods were rejected by the recipient upon arrival, which entitled the seller to redeliver or resell the goods under the terms of the contract; however, the court of appeal correctly held that the seller's unilateral decision to resell the goods without first demanding the buyer take delivery or obtain authorization to resell did not meet the conditions required by the relevant commercial code provisions for the seller to enforce the sale price immediately, thus leading to the rejection of the seller's appeal.

Regeste Legislator

Généré par l'IA

Seller Resale Without Demand Bars Immediate Price Enforcement: A seller sued a buyer for the price of goods delivered under a contract of sale, but the buyer refused payment, arguing the delivery was incomplete because the goods were rejected by the recipient upon arrival, which entitled the seller to redeliver or resell the goods under the terms of the contract; however, the court of appeal correctly held that the seller's unilateral decision to resell the goods without first demanding the buyer take delivery or obtain authorization to resell did not meet the conditions required by the relevant commercial code provisions for the seller to enforce the sale price immediately, thus leading to the rejection of the seller's appeal.