Kernrechtsfrage
Whether the buyer gave timely notice of apparent defects in the tree mottes under sales warranty rules.
Extrahierter Entscheid
No. The notice was not proven to have been given immediately after discovery and the late email of 31 October 2006 was in any event untimely.
Extrahierte Begründung
The record did not support a telephone notice on 9 October 2006, and the phone calls on later dates were too unexplained to prove notification. Under the case law, notice several weeks after delivery is too late for apparent defects.