Sale of Goods: Risk of Loss Transfer Upon Delivery and Buyer's Obligation to Pay Price

A seller delivered goods to a buyer pursuant to a contract, but the buyer alleged the goods were defective and refused payment, prompting the seller to sue for the contract price. The Court of Cassation held that when a contract for the sale of specific goods is executed by delivery, the risk of loss or deterioration passes to the buyer, meaning that even if the goods are subsequently found to be defective, the buyer must still pay the price unless they can prove the defect existed at the moment of delivery and substantially compromised the intended use, or unless the seller expressly guaranteed against latent defects, thereby upholding the lower court's decision to order payment while noting the buyer retained a separate action for warranty against hidden defects.