60 kg of jade contract "broken"

Mr. Jiang took a fancy to a 60-kg Hetian jade seed and paid a deposit of 500,000 yuan. After the deposit was made, Mr. Jiang began to doubt the authenticity of the seed. At the same time, the seller refused to show the seed to Mr. Jiang. To this end, Mr. Jiang sued for the termination of the contract and asked the seller to double the deposit. The reporter learned from a middle court yesterday that the case was tried by two levels of courts. Eventually, the court ruled that the sales contract between the two parties was lifted and the seller refunded the 50 yuan deposit paid by Mr. Jiang.

Paying a deposit without seeing jade

Mr. Jiang sued that in February 2013, he was introduced to know Zou, who claimed to be engaged in the business of jewellery and jade, and he took a fancy of a 60-kilogram "Hetian jade seed in the Hetian area of ​​Xinjiang." ". On February 18, the two parties verbally agreed that Zou will sell the seed to Mr. Jiang at a price of 2 million yuan. At the same time, he must ensure that the seed material is “produced in the Hetian area of ​​Xinjiang and is pure natural and jade jade”. In addition, Mr. Jiang can bring his own experts in the jade industry to identify and accept the seed.

On the same day, Mr. Jiang paid a deposit of 500,000 yuan, while Zou issued a receipt. However, after this, Mr. Jiang found that the so-called "Xinjiang Hetian jade seed material" skin is too uniform and has traces of fraud. Therefore, the relevant information such as the identification report and the certificate of origin of the jade seed material submitted to the company was rejected. In addition, Zou also refused Mr. Jiang to identify the seed, so Mr. Jiang felt that the most excessive thing was that after paying the deposit, Zou refused to let Mr. Jiang see the seed.

Mr. Jiang believes that Zou is obliged to prove to himself the origin of the seed and the natural nature of the seed, and he has the right to verify the authenticity of the seed and choose whether to buy it. Now, Zou can't provide relevant proof, and he refused the request for his own appraisal. Therefore, Zou's behavior has already constituted contract fraud.

To this end, Mr. Jiang sued the court to order the parties to cancel the sale and purchase contract, and at the same time, he had to double the return of the initial deposit of 500,000 yuan.

One trial to terminate the contract

In the trial of the first instance, Zou agreed to terminate the contract, but insisted that the seeds sold by him were genuine, and Jiang did not pay the full amount, which was a breach of contract. Therefore, he did not agree to refund the deposit of 500,000 yuan.

After the trial of the court of first instance, it was considered that there was no objection to the termination of the contract between Mr. Jiang and Mr. Yan, and it was also the true meaning of the two parties. Therefore, the court agreed to terminate the contract. However, for the deposit part of the dispute between the two parties, since Mr. Jiang could not prove that the jade seed material had a fake, the claim for double return of the deposit was not supported, and Zou could not prove that the jade was true, so his defense against Jiang’s breach of contract Nor is it supported.

In the end, the court of first instance ruled that the sale and purchase contract of both parties was lifted, and Mr. Jiang returned Mr. Jiang’s deposit of 500,000 yuan.

Seller appeal rejected

After the court made the judgment, the seller refused to accept the appeal and filed an appeal. In the trial of the second instance, Zou will bring the jade seed material to the court and submit the jade inspection report. He also specially invited the Xinjiang jade merchant map to appear as a witness.

In the court trial, a testimony stated that the jade seed material was sold to Zou, which is the authentic Xinjiang Hetian jade seed material. The agent of Zhai also said that Mr. Jiang had no evidence to prove that the jade was a fake, and he repented after paying the deposit, violating the trading rules of jade trading, which was a breach of contract.

However, one of Jiang said that the inspection report submitted by the unilateral party was untrue and unreliable, and requested to re-examine the jade under the auspices of the court. Regarding the testimony of witness witness, Jiang said that the cooperation relationship between Tuyi and Zou is not credible.

In the end, due to the lawsuit, both parties refused to apply for judicial appraisal of the jade involved, and could not submit other valid evidence to prove it. Therefore, the court could not determine whether the jade involved in the case belonged to Hetian jade seed material from Xinjiang, and it was not possible to judge whether or not It constitutes fraud and whether Mr. Jiang constitutes a breach of contract.

In the end, the final judgment of the Intermediate People's Court rejected the appeal of Zou and maintained the original judgment.

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