60 kg jade contract "broken up"

Mr. Jiang fancy a 60 kg Hetian jade seed material, and paid 500,000 yuan deposit. After the deposit could be delivered, Mr. Jiang began to doubt the authenticity of the seed material. At the same time, the seller also refused to show the seed to Mr. Jiang. To this end, Mr. Jiang sued for the cancellation of the contract, and asked the seller to double the deposit refund. The reporter learned yesterday from a middle court that the case had been tried by a two-tiered court. Eventually, the court ruled that the sale contract between the two parties was lifted and the seller returned the 50 yuan deposit paid by Mr. Jiang.

The deposit did not appear in Mr. Yu Shijiang’s lawsuit. In February 2013, his director introduced and learned about the self-proclaimed jade jewelry business, and he took in a handful of about 60 kilograms of the “origin origin in the Hetian area of ​​Xinjiang”. Hetian jade seed material." On February 18, the two parties verbally agreed that Ruan will sell this seed to Mr. Jiang at a price of 2 million. At the same time, Ruan needs to ensure that the seed material is produced in the Hetian area of ​​Xinjiang and is a pure natural Hetian jade stone. In addition, Mr. Jiang can bring jade industry experts to identify and check the seed material.

On the same day, Mr. Jiang paid a deposit of 500,000 yuan, and Yanmou issued a receipt. However, after this, Mr. Jiang discovered that the so-called "Hetian jade seed material produced in Xinjiang" epidermis is too uniform, there are traces of falsification. Therefore, it was requested that Ruan’s submission of the identification report and the relevant information of the jade seed should be rejected. In addition, Ruan also rejected Mr. Jiang's appraisal of this seed material, and Mr. Jiang felt that the most extreme was that after paying the deposit, Ruan refused to let Mr. Jiang see this seed again.

Mr. Jiang believes that Zhang is obliged to prove to himself the origin of the seed material and its pure natural properties, and he himself has the right to verify the authenticity of the seed material and choose whether or not to purchase it. Now, Zangmou cannot provide relevant proofs, and also refuses the request for his own appraisal. Therefore, Pang's actions constitute a contract fraud.

For this reason, Mr. Jiang sued and asked the court to order the termination of the sale contract between the two parties. At the same time, Qian must double back the initial deposit of RMB 500,000.

In the trial of the first instance of the termination of the contract, Ruan agreed to rescind the contract, but insisted that the seeds he had sold were genuine and that Jiang’s failure to pay the full amount was a breach of contract, and he did not agree to refund the 500,000 yuan deposit paid.

After the trial of the first instance court, it was held that Mr. Jiang had no objection to the termination of the contract between the two parties. It was also an indication of the true intentions of both parties. Therefore, the court agreed to cancel the contract. However, for the part of the dispute between the parties, since Mr. Jiang could not prove that the jade seed material was fake, his claim for double return of the deposit was not supported, and he could not prove that jade was true, so he defended against Jiang’s breach of contract. Nor is it supported.

The final judgment of the first instance court dismissed the sale and purchase contract between the parties, and Zhai returned a deposit of 500,000 yuan to Mr. Jiang.

After the seller's appeal was dismissed and the court rendered its verdict, the seller was not satisfied and appealed. In the trial of the second instance, Ruan sued the jade seed material on the court and submitted a jade inspection report. He also specifically invited a jade merchant from Xinjiang to attend the court as a witness.

In the trial, a testimony stated that the v. jade seed material was sold to Zhaomou, which is a genuine Xinjiang Hetian jade seed material. Yan's agent also stated that Mr. Jiang did not have evidence to prove that jade was false. He also retaliated after paying the deposit, which violated the trading rules of jade trading and was a breach of contract.

However, Jiang Fangyi claimed that the inspection report submitted by Ruan Fang was untrue and unreliable, and requested that the jade identification be conducted again under the auspices of the court. For the testimony of the witness's figure, Jiang said that the cooperation relationship between Zhang Tu and Xun is also not credible.

In the end, due to the fact that both parties refused to apply for judicial appraisal of the involved jade during the litigation process, and they could not submit other valid evidence to prove the case, the court could not determine whether the involved jade was from the Hetian jade seed material produced in Xinjiang, and could not determine whether Ruan was Constitute fraud and whether Mr. Jiang constitutes a breach of contract.

In the end, the Court of Final Appeal dismissed Ruan's appeal and upheld the original verdict.