The joint stock company appealed to the court with a claim to take 5 tons of cement from an individual entrepreneur.
In court, the representative of the company explained that in accordance with the concluded sale and purchase agreement, the individual entrepreneur undertook to supply him with the required amount of cement. The cost of 5 tons of cement is fully paid. However, the individual entrepreneur did not fulfill his obligations on the shipment of cement, in connection with which the JSC filed a lawsuit for forcing it to execute the contract.
The individual entrepreneur, in response to the lawsuit, wrote that, under the contract, payment for cement was to follow only after it was shipped. In violation of the terms of the contract, the joint-stock company paid the cost of the cement prior to its shipment, therefore the rules on reciprocal performance of the obligation (Article 328 of the Civil Code of the Russian Federation) should apply to it, in accordance with which the joint-stock company is not entitled to reclaim the cement.
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