Seller v. Buyer: Reciprocity of Contractual Obligations and Right to Suspend Payment for Defective Goods
Synthèse Legislator
Généré par l'IAA commercial seller initiated an action against a buyer seeking payment for goods delivered under a contract, where the buyer subsequently invoked the defense of *exceptio non adimpleti contractus* (exception of non-performance), claiming the delivered items were defective and did not conform to the order, thereby justifying non-payment. The court rejected the seller's appeal, affirming that in a commutative contract, the obligation to deliver conforming goods is reciprocal to the obligation to pay the price; thus, a buyer is entitled to suspend payment if the delivered goods are substantially defective, provided the buyer has properly raised the issue, thereby validating the application of the non-performance exception against the seller's claim for the contract price.
Regeste Legislator
Généré par l'IASeller v. Buyer: Reciprocity of Contractual Obligations and Right to Suspend Payment for Defective Goods: The court rejected the seller's appeal, affirming that in a commutative contract, the obligation to deliver conforming goods is reciprocal to the obligation to pay the price; thus, a buyer is entitled to suspend payment if the delivered goods are substantially defective, provided the buyer has properly raised the issue, thereby validating the application of the non-performance exception against the seller's claim for the contract price.