代理词（statement of the procurator）.doc

代理词（statement of the procurator） Sales contract dispute agent The honorable judge and judge: Guangdong XX law firm commissioned the appellant Dongguan high Po * * * * factory, the two * * company limited in accordance with the law, we assigned as its agent and the appellee Wang * * contract dispute case of appeal. I hereby make comments on the disputes between the two sides as follows: First, the appellant and the appellee did not have the contract of sale in 2005 June, and the court of first instance found that the fact was wrong. (a) the delivery list of the 2005 June provided by the appellant is only signed by Mo * *, which shall not be regarded as the confirmation of the appellants delivery of the appellee. From November 2003 to May 2005 the appellants delivery or delivery list can be seen, the appellant and appellee long diesel transaction process, the receipt of all diesel by Yang * * * *, Mo signed confirmation. In this regard, the appellee has no objection, and the court of first instance has also confirmed it. In fact, only when two people sign together, the appellant acknowledges the delivery of the appellee and pays the appropriate amount. The two sides have formed this stable trading habit through practice. According to the provisions of the sixty-first article of the contract law, the relevant content of the contract has not been agreed, and the two parties have not reached a supplementary agreement, should be in accordance with the trading practices of both sides. Therefore, in the case of a written agreement between the appellant and the appellee without the receipt of the goods and the confirmation of delivery, the receipt of the goods and the confirmation of the delivery shall be conducted according to the trading practice. As mentioned above, both sides sign the goods and confirm the delivery of the goods. The customs of the two parties are signed by Mr. Yang * * * Mo mo. The delivery list provided by the appellant to the court in 2005 June, which