Seller v. Purchaser: Unpaid Price and Breach of Warranty Claim
Synthèse Legislator
Généré par l'IAA seller brought an action against a purchaser for the unpaid price of goods delivered pursuant to a contract of sale, but the purchaser alleged that the goods were defective and that the seller had guaranteed their conformity, which was not the case, arguing that the seller was in breach of the implied warranty against hidden defects, but the court dismissed the appeal, holding that the seller's claim was based on the terms of the contract and the delivery receipts which evidenced acceptance by the purchaser, and that while the purchaser could invoke the warranty against hidden defects, the lower court reasonably concluded, based on factual findings, that the alleged defects were not established or did not render the goods unfit for their intended purpose, thus upholding the judgment for the seller.
Regeste Legislator
Généré par l'IASeller v. Purchaser: Unpaid Price and Breach of Warranty Claim: A seller brought an action against a purchaser for the unpaid price of goods delivered pursuant to a contract of sale, but the purchaser alleged that the goods were defective and that the seller had guaranteed their conformity, which was not the case, arguing that the seller was in breach of the implied warranty against hidden defects, but the court dismissed the appeal, holding that the seller's claim was based on the terms of the contract and the delivery receipts which evidenced acceptance by the purchaser, and that while the purchaser could invoke the warranty against hidden defects, the lower court reasonably concluded, based on factual findings, that the alleged defects were not established or did not render the goods unfit for their intended purpose, thus upholding the judgment for the seller.