The District Court of Dortmund has dismissed a lawsuit by Kassen Concord GmbH against a large trading company for payment of the purchase price for cash register rolls that were sent. This was reported by Mirko Möller from the law firm “Schlueter Graf Rechtsanwälte”. According to Möller, the company has been making an appearance for many years by sending non-ordered EC/till rolls as well as invoices and collection letters.
AG: No contract of sale came about
Kassen Concord GmbH sued a large trading company for payment of the purchase price from an alleged purchase contract for till rolls. After a telephone sales talk with an employee of the defendant, the cash register rolls were sent to the trading company. The lawsuit was unsuccessful. The District Court of Dortmund denied the conclusion of a purchase contract. The employee of the defendant had no power of representation. A toleration or apparent power of attorney is also ruled out. It was a one-time sales pitch. In addition, sales via individual telephone calls with employees are unusual for a large company with numerous stores and a high demand for till rolls. In view of this, no trust was created by the fact that the employee stated on a “fleeting” query that he was entitled to conclude a transaction. Finally, the defendant did not approve the transaction by accepting the package. She accepts a large number of packets without being able to check all of them immediately.
to AG Dortmund, judgment of 02.03.2023 – 415 C 4795/22
Editorial office beck-aktuell, March 3, 2023.
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