Buyer's Affirmation of Contract Bars Subsequent Nullity Claim Based on Fraud.
Synthèse Legislator
Généré par l'IAA purchaser of goods, having given the seller a promissory note for the price, sought to have the sale contract declared void based on the seller's alleged fraudulent misrepresentation regarding the goods' origin, despite having acknowledged receipt of the goods and having subsequently initiated an execution process based on the seller's breach of warranty concerning the promised origin; the court held that the initial acceptance of the goods and the subsequent pursuit of execution based on the warranty constituted an implicit confirmation of the sale, thereby precluding the buyer from subsequently invoking the nullity of the contract based on the initial alleged fraud regarding the origin.
Regeste Legislator
Généré par l'IABuyer's Affirmation of Contract Bars Subsequent Nullity Claim Based on Fraud: A purchaser of goods, having given the seller a promissory note for the price, sought to have the sale contract declared void based on the seller's alleged fraudulent misrepresentation regarding the goods' origin, despite having acknowledged receipt of the goods and having subsequently initiated an execution process based on the seller's breach of warranty concerning the promised origin; the court held that the initial acceptance of the goods and the subsequent pursuit of execution based on the warranty constituted an implicit confirmation of the sale, thereby precluding the buyer from subsequently invoking the nullity of the contract based on the initial alleged fraud regarding the origin.