UNCITRAL CLOUT Case 106

2 Ob 547/93 (1994)

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UNCITRAL CLOUT Case 106

Austria Supreme Court of Justice
2 Ob 547/93 (1994)

Facts

An Austrian buyer (defendant) ordered 249 fur pelts of middle grade or better from a German seller (plaintiff) for a price of between 35 and 65 German marks per pelt depending on a pelt’s quality. The seller shipped the pelts to the buyer’s place of business in Austria. When the shipment arrived, the Austrian buyer did not inspect the shipment but instead forwarded it directly to an Italian fur dealer, who agreed to pay the same price per pelt. The Italian dealer rejected 13 pelts for poor quality. The buyer refused to pay the seller for the rejected pelts. The seller filed suit against the buyer in an Austrian court to collect payment. The trial court concluded that despite the lack of a specifically agreed-upon price for each of the 249 pelts, the seller and buyer had a valid contract under the United Nations Convention on Contracts for the International Sale of Goods (CISG). The court calculated the market price of middle-grade pelts and ordered the buyer to pay the seller 50 marks for each of the rejected pelts. An intermediate court affirmed the trial court’s judgment. The buyer appealed to Austria’s supreme court.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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