If the transaction is proven by letter and concluded

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Therefore: 1) the purchase of the coffee, to be paid for when it arrives in Santos, is made by correspondence; 2) in possession of the bills of lading, the buyer resells the merchandise, with the adjusted profit included in the price, with the purchase and sale being confirmed by correspondence, in which the coffee is identified by means of a detailed list of the respective bills of lading; 3) the repurchaser of the coffee is obliged to pay for it when it is delivered, and then, for all intents and purposes, the invoice for the transaction is drawn up.

23. As can be seen, a perfect and complete purchase and sale, which is integrated, in all its parts, in art. 191 of the Commercial Code:

“The commercial purchase and sale contract is perfect and sms gateway brunei complete as soon as the buyer and seller agree on the item , the price and the conditions ; and from that moment neither party can retract without the consent of the other, even if the item is not delivered nor the price paid”.

It is a pure and simple contract without any conditions. Only its execution, that is, payment, is deferred: as for the first seller, only he will be paid when the coffee arrives in Santos; the repurchaser will only pay when the merchandise is delivered to him. Nothing more. It is so much a pure and simple contract, without any additional clause, that any of the parties who does not comply with it will pay the other for the corresponding losses and damages.

24. In such circumstances, the question arises as to whether this contract should be recorded in writing and whether the profit resulting from it should be considered profit for the year in order to be included in the amount earmarked for dividends and percentages. As to the recording, there can be no doubt. This is a commercial transaction and the Commercial Code requires, in art. 12, that all commercial transactions be recorded in the “Journal”, as well as all correspondence from the “Copier”.