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| Abstract |
| Date: |
09.07.1998 |
| Country: |
Germany |
| Number: |
7 U 720/98 |
| Court: |
Oberlandesgericht Dresden |
| Parties: |
Unknown |
| Citation: |
http://www.unilex.info/case.cfm?id=502 |
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A Turkish seller and a German buyer concluded a contract for textiles. The buyer sent a letter in which it confirmed a lower purchase price than agreed in a former agreement. The seller did not reply to this letter. The buyer failed to pay the higher price. It commenced an action against the buyer. The first instance court granted the sellers claim. The buyer appealed.
The court of appeal confirmed the lower court's decision. It held that the buyer did not prove that there exists an international trade usage which says that a silence to a commercial letter of confirmation is sufficient for the contract to be concluded with the content of this letter. |