QUESTIONS OF LAW IN THE PAST.

According to the Universal German Commercial Law, and later, according

to the Civil Code of Law, the buyer has the right to cancel the

contract, or to demand a reduction in price, if the goods delivered do

not equal the quality guaranteed.

Experts had to decide, whether the quality tendered was up to the

guarantee.--These experts were appointed by the law, in accordance with

the proposals of the parties concerned. The cotton trade followed, in

olden days, this same procedure, but the weak point, was the verdict of

the experts, because there were no experts in Germany outside Bremen,

and no party could forecast the likely result of the verdict. A far

worse consequence of the Law Conditions was for the cotton trade, the

fact, that the law made no difference, whether the goods differed much

or little from the stipulated quality. In both cases, the buyer had the

right to place the goods at the disposal of the seller. The result of

this, was most damaging to the Trade, sometimes, the sellers had the

worst of it, sometimes the buyers. A few examples taken from actual

experience will best explain this:

Extracts from business letters of past years.

We have received to-day your 100 bales of cotton, but find the

quality not up to our expectations. You have to deliver us

middlingfair, but the cotton is hardly goodmiddling. We cannot use

the cotton, as it is unsuitable for our hosiery yarns. We place the

100 bales at your disposal.

* * * * *

We insist upon your taking delivery of the 100 bales. The quality

is perfectly correct, you can ask any expert in Bremen about it.

* * * * *

We have nothing to do with your Bremen Experts, if need be, our

local experts will decide. We have no doubt that you know the law

on this point. The fact remains, that we place the 100 bales at

your disposal.

* * * * *

Your intention to place the 100 bales at our disposal is caused, no

doubt, by the fall in prices. We know very well that if it comes to

law, experts will decide, who know nothing about it, moreover, the

verdict will only be given after many months. This is unbearable;

what allowances do you want?

* * * * *

If you wish us to use the cotton, we demand an allowance of....

* * * * *

Your demand is preposterous, but we have to agree to it, as we

cannot help ourselves. We prefer not to make you any offers in

future.

* * * * *

I am sorry to inform you, that the 100 bales are not equal to the

sample, consequently, I place the cotton at your disposal.

* * * * *

The buying sample has been taken from the actual bales delivered, a

difference in the quality is quite impossible. We insist upon your

keeping the 100 bales.

* * * * *

I am sending you a few samples of the delivered cotton, any child

can see that they are different from the buying sample.

* * * * *

The samples sent to us are of no account. 100 bales represent a big

quantity of cotton, amongst which, a few inferior flakes are sure

to be found, if one searches diligently for them. We cannot agree

to your demands.

* * * * *

My lawyer tells me, that every bale and every part of the bales

must be equal to the sample. I have opened several bales and find

the contents very irregular. There are good and bad flakes in them,

I can only use regular cotton. The 100 bales are at your disposal.

* * * * *

Your 100 bales turn out very badly indeed and are much below the

guaranteed quality. What allowance are you willing to make us?

* * * * *

There can be no question of an allowance, if the 100 bales do not

suit you, why do you not place them at our disposal, as you did in

a previous case. This time, however, prices have advanced, while

last time, they had fallen, now perhaps the case will appear to you

in a different light.

* * * * *

You surely never expect me to take bad cotton instead of good? I

cannot return the cotton, as I cannot stop my mill. I propose, that

experts fix the lower value, and you pay me the difference

according to law.

* * * * *

If you wish to invoke the law, you must remember, that the cotton

is not allowed to be touched, till the experts have made their

report and the legal verdict has been given. You say, "you must use

the cotton at once," while our agent tells us, "that a few bales

have already been spun." This finishes your claim, and we refuse to

do anything in the matter.

* * * * *

A spinner bought direct from America 100 bales of a certain class.

The market rose rapidly, and when the bales arrived, they were much

inferior, in fact, fully two classes too low. The spinner

complained bitterly to the shipper, and demanded an allowance,

which the latter refused, on the plea, that, for the price of the

contract, he could only deliver low quality.

* * * * *

From these examples it will be seen that the cotton Trade had no

suitable foundation in the Law.

Bremen Cotton Exchange, 1872/1922 · 第 9 / 27 题