Sale of Goods Contract Rescission Due to Late Delivery

The dispute arose from a contract for the sale of goods where the seller failed to deliver the merchandise by the agreed-upon date, leading the buyer to seek the contract's rescission and damages. The lower court, in upholding the rescission, found that the delivery deadline was an essential term of the contract, making the seller's delay a fundamental breach. The Court of Cassation affirmed this decision, reasoning that in a contract for the sale of specific goods where a delivery date is stipulated, that date is presumed to be essential unless proven otherwise, thus justifying the non-breaching party's right to terminate the agreement and seek compensation for the resulting prejudice.