The seller of the horse delivered a horse to an English client of SEL which did not comply with her expectations. On the invoice was a clause which stated that she had the right to exchange the horse for another horse within a period of six. Client invoked this right and arranged with the consent of the seller the transport of the horse back to the Netherlands. After she transported the horse she did not hear from the seller again.
Because of the fact that our client lost all confidence in the seller she was claiming alternative compensation consisting of the purchase price of the horse. In breach of the agreement the seller did not deliver another horse to our client.
The seller defended herself with the statement that the horse was never delivered back to her and that client herself sold the horse in England. The lower realized purchase price was paid to client’s account and an invoice with her name on it was sent.
A peculiar course of business as our client transported the horse with a transport company partly owned by the seller and she received the message from the joint owner of the transport company that the horse was received in good order. To substantiate her claim the seller handed over a very questionable written statement of a witness.
The District Court granted the claims of our client by advanced verdict, but against all expectations the seller lodged an appeal.
Like the District Court the Dutch Court of Appeal in Den Bosch dismissed the implausible defense of the counterparty resolutely by advanced decision as well. The seller is convicted to pay to our client a substantial amount of procedural costs.
Our client was represented by Ms. Amanda Brouwers.
Link: http://deeplink.rechtspraak.nl/uitspraak?id=ECLI:NL:GHSHE:2018:5183
