Post by account_disabled on Mar 11, 2024 21:48:47 GMT -6
If there is no proof of diversion, return or destruction of the goods, the good faith of the seller must prevail. With this understanding, the 14th Chamber of Private Law of the São Paulo Court of Justice accepted a company's request to establish, in its favor, a judicial executive title in the amount of R$ 73.2 thousand, referring to the sale of inputs to a farmer.
123RF
123RF TJ-SP recognizes debt of R$73.2 thousand owed by farmer to input producer
According to the records, the company sells seeds, pesticides and fertilizers and did business with the defendant's farm that totaled R$73,200. However, the farmer did not pay Portugal Mobile Number List the amount due on the grounds that he did not receive the seeds and that the purchases had been made by an employee without authorization to do so, who was allegedly involved in a fraudulent scheme with the author.
However, according to the appeal's rapporteur, judge Carlos Abrão, there was no lack of diligence on the part of the company in its commercial relations. "On the contrary, the execution of the order by a farm employee in charge of preparing budgets based on good faith and the theory of appearance and the invoices received and signed by the employee are sufficient to prove the acquisition of the inputs", he said.
The judge also pointed out other sales made by the company to the farmer through the same employee. Thus, according to Abrão, once the delivery of the goods was proven, as happened, it would be up to the farmer to demonstrate that the corn seeds were not used in his pivots, which was not done. With information from the TJ-SP press office.
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