German Cobalt Sulfate Case
Germany Federal Supreme Court
VIII ZR 51/95, UNCITRAL CLOUT Case 171 (1996)

- Written by Rich Walter, JD
Facts
A Dutch seller (plaintiff) and German buyer (defendant) contracted for the sale and purchase of cobalt sulfate. The buyer expected high-quality English cobalt sulfate, but this expectation was not written into the contract. The seller delivered lower-quality South African cobalt sulfate. The buyer declared the contract avoided by the seller’s nondelivery of the expected chemicals. The seller sued for full contract payment. German trial and intermediate appellate courts ruled in the seller’s favor. The buyer appealed to Germany’s federal supreme court.
Rule of Law
Issue
Holding and Reasoning ()
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