Dagang, a man who lives in Haicheng, bought a luxury pet cat from Xiaoshi, a man who lives in Hebei, through WeChat for 13,500 yuan. But as soon as the cat came into Dagan's hands, Dagan discovered that the cat was sick. When he went to the pet hospital, he was diagnosed with feline distemper. Five days after the results were received, the pet cat died despite unsuccessful rescue efforts. Dagang took Xiaoshi to court in anger...
It is understood that Dagang purchased two golden gradient cats from Xiaoshi through WeChat this year. Xiaoshi repeatedly ensured that the cat was free of disease, feline distemper, ringworm, etc. One of the golden gradient cats sold for 13,500 yuan, and Dagang paid a deposit of 1,000 yuan in March. After that, Xiaoshi shipped the gold gradient cat, and Dagang paid the remaining balance of 12,500 yuan to Xiaoshi. On March 21, Xiaoshi shipped the cat to Dagang via bus. After Dagang received the cat with the golden stage, he found that the cat was sick. He used test strips to measure that the cat had feline distemper, and then took the cat to a pet clinic for treatment. The cat was diagnosed with feline distemper and died on March 25 after treatment failed. The plaintiff and the defendant negotiated several times to no avail, so they filed a lawsuit in court.
The parties submitted evidence in accordance with the law regarding the litigation claims. The defendant did not appear in court for cross-examination. The court confirmed the unobjectionable evidence and documented it in the file. The court held that a contract established in accordance with the law is protected by law. The parties shall fully perform their obligations as agreed. In this case, Dagang and Xiaoshi reached a cat sales agreement through WeChat. Xiaoshi guaranteed in the agreement that the cats sold would be disease-free. However, after Dagang received the cat, he immediately discovered that the cat was sick and later the cat died. It can be seen that the cat sold by Xiaoshi to Dagang was not healthy. Therefore, it can be determined that Xiaoshi breached the contract and should return the 13,500 yuan paid for the cat to Dagang. To sum up, in accordance with the Civil Code, Xiaoshi is ordered to return the 13,500 yuan purchased by Dagang for the cat within ten days from the date of entry into force of this judgment. If the monetary payment obligation is not performed within the period specified in this judgment, the interest on the debt during the period of delayed performance shall be doubled in accordance with the Civil Procedure Law. (Characters in the article are all pseudonyms)