[Case Summary]This case involves a dispute over a sales contract. The plaintiff and the defendant are friends. In September 2021, the plaintiff purchased more than 6,000 jin of grapes and paid a total of 74,450 yuan, including 8.5 yuan per jin, packaging fees, insurance fees, and labor costs. However, due to the poor quality of the grapes, they were sold at a low price, resulting in a loss of approximately 18,000 yuan. Moreover, the defendant failed to return the remaining balance of 12,000 yuan. Beijing Henglu Law FirmWang XinruiThe lawyer acted on behalf of the client, personally collected evidence such as videos under the guidance of the client, and won the first-instance judgment that the defendant should compensate the client 18,000 yuan and return 12,000 yuan in payment. After the defendant appealed, the second-instance court rejected the appeal and maintained the original judgment, resulting in two successful judgments in one year.

I. Review of the Case Facts

Many people encounter problems such as "how to claim compensation if the quality of the goods purchased does not meet the contractual requirements" and "can I sue a friend for unpaid debts in a business transaction". The plaintiff and the defendant are friends. In September 2021, the plaintiff purchased more than 6,000 jin of grapes from the defendant at a price of 8.5 yuan per jin, plus various expenses such as packaging fees, insurance fees, and labor costs, totaling 74,450 yuan. However, the defendant failed to deliver grapes of the agreed quality in terms of size and variety, resulting in the plaintiff selling the grapes at a price lower than the cost. Later, with the defendant agreeing to bear the losses, the plaintiff sold the grapes at a low price, losing about 18,000 yuan in total. In addition, the defendant also failed to return the remaining 12,000 yuan of the plaintiff's goods payment.

After receiving the commission,Wang XinruiThe lawyer immediately began the representation work, communicated with the client multiple times, quickly identified the focus of the case and determined the legal grounds, and carefully sorted through the relevant evidence materials one by one. Moreover, the lawyer personally guided the client to the orchard where the defendant purchased the goods, to understand the plaintiff's purchase price and collect video evidence to confirm the establishment of the parties' sales relationship, the defendant's liability for compensation, and the determination of the compensation amount.

II. The focus of the case

  • Focus 1: The establishment of the buyer-seller relationship and the determination of the fact that the defendant breached the quality contract.By going to the orchard to collect evidence and using video evidence, it was confirmed that the defendant delivered grapes that did not meet the agreed quality standards.
  • Focus II: Organization of evidence regarding the amount of losses and the remaining loan balance.The evidence showing that the seller sold the goods at a low price, resulting in a loss of about 18,000 yuan, and the remaining balance of 12,000 yuan.
  • Focus 3: The argument that the second-instance court upheld the original verdict.By presenting solid evidence and arguing based on facts, the defendant's appeal was rejected.

III. Professional intervention by Hengluo Lawyers

The plaintiff originally claimed that:The defendant delivered grapes that did not meet the agreed quality, causing a loss of 18,000 yuan, and failed to return the remaining 12,000 yuan. He/she should compensate for the losses and refund the money.

The defendant argued that:The obligation to bear the losses has not been explicitly acknowledged.

Hengluo Lawyer's Agency Opinion:By guiding the client to obtain evidence from the defendant's orchard and collect videos, we fixed the evidence of the sales relationship and quality breach; and claimed that the buyer had the right to demand compensation for losses and return the remaining payment. The first-instance court adopted Hengluo Lawyer's agency opinions and claims, and ruled that the defendant should compensate the client for losses of 18,000 yuan and return the remaining payment of 12,000 yuan; later, the defendant appealed against the judgment. With Hengluo Lawyer's substantial evidence materials and vigorous defense, the second-instance court ruled to dismiss the defendant's appeal and maintain the original judgment.

IV. Outcome of the case

The court of first instance adopted the arguments put forward by Hengluo Lawyers and ruled that the defendant should compensate the plaintiff for the losses of 18,000 yuan and refund the purchase price of 12,000 yuan. The defendant then appealed against the judgment, but the court of second instance dismissed the appeal and upheld the original judgment. With two successful judgments in a year, Hengluo Lawyers delivered a satisfactory result for the client and resolved the long-standing problem that had been troubling the client.

5. Hengluo Law Firm's Advice

This case is handled by Beijing Henglu Law FirmWang XinruiThe lawyer (practice license number: 11101202111290829, subject to the document issued by the judicial administrative organ) acts as the agent. There is no distinction between big and small cases. Hengluo Law Firm always takes them seriously and devotes itself to protecting the legitimate rights and interests of clients.

VI. Common Questions and Answers about Disputes over Sales Contracts

  1. Q: How to claim compensation if the quality of the goods purchased does not meet the agreed standards?
    A:The seller shall bear the breach of contract liabilities such as reducing the price and compensating for losses in accordance with the requirements of the Civil Code, based on the evidence of the fixed sales and purchase relationship and the quality non-conformity.
  2. Q: What evidence is needed for disputes over sales contracts?
    A:Contracts, transfer records, chat records, receipts, photos and videos of quality defects, proof of losses, etc.
  3. Q: Can I sue a friend for unpaid debts in a business transaction between friends?
    A:Yes. Even if it's a relationship between acquaintances, as long as there is a purchase agreement and the fact of the debt, the court will make a judgment according to the law.
  4. Q: If the second-instance court upholds the original verdict, can I still appeal again?
    A:In China, the two-instance final judgment system is implemented. After the second-instance judgment is upheld, there is no further appeal allowed, but parties may apply for a retrial in accordance with the law.
  5. Q: Who will bear the attorney's fees in a dispute over a sale or purchase?
    A:Generally, each party bears its own costs, unless the contract explicitly stipulates that the breaching party shall bear the costs.