UNCITRAL CLOUT Case 933

4C.314/2006 (2006)

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UNCITRAL CLOUT Case 933

Switzerland Federal Court
4C.314/2006 (2006)

RW

Facts

A seller (plaintiff) and buyer (defendant) entered into two international sales contracts. The buyer claimed that the seller’s performance of the first contract left the seller with an outstanding debt to the buyer. The buyer proposed setting off that debt against what the buyer owed on the second contract. The seller refused this proposal, withheld delivery of the contracted-for goods, and sued for full payment on the second contract. Swiss trial and intermediate appellate courts dismissed the seller’s complaint. The seller appealed to Switzerland’s federal court.

Rule of Law

Issue

Holding and Reasoning ()

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