Question juridique clé
Whether the watch sale was concluded by X. personally or as representative of B.
Solution extraite
The sale was concluded between the seller and X. personally; no direct representation of B. was established.
Motifs extraits
The courts found no indication that X. had clearly disclosed representative capacity at the time of contracting, and no circumstances allowed the seller to infer direct representation under Art. 32 CO. The seller would not have treated identically with B., an unknown foreign customer, so X. remained the contracting buyer.