The 1986 Annual Survey described the "check it back to local law" approach to the Code's choice of law rules. Recent cases emphasize this. For example, in Madaus v. November Hill Farm, lnc., the U.S. District Court for the Western District of Virginia applied the Virginia pre-Code conflict of laws rules to a dispute between a West German seller of a horse and a Virginia buyer. The court applied the Virginia rule that the law applicable to the validity of a contract is the law of the jurisdiction where the final act necessary to make the contract binding was done. Since this was the sending of a telex from West Germany, under the "mail box" rule, the contract was formed in West Germany and its law applied. Equally, since delivery took place in West Germany, that law also governed performance.
David Frisch, Fairfax Leary, Jr., and John D. Wladis, U.C.C. Survey: General Provisions, Bulk Transfers, and Documents of Title, 42 Bus. Law. 1213 (1987).