"Citrus citrus" can not become a "fruit" in the middle merchant

Ordering 80,000 pounds of citrus, but the time of picking up the citrus was not seen. The buyer has never even understood that the seller did not even have a orchard. Where did 80,000 kg of citrus come from? Recently, the Pujiang County Court tried the contract dispute case. The intermediary in the case was delusional to "empty glove white wolves", but unexpectedly put himself in, not only had to return the fixed gold, but also compensated separately.

Not long ago, Jian signed a citrus acquisition contract with Zhang, agreed to buy 80,000 kg of citrus from Zhang and pay a deposit of 20,000 yuan. However, when Jian came to the door at the agreed time, Zhang could not provide him with citrus. After repeated understanding, the acquirer Jian found that Zhang did not even have a orchard! Where does Zhang get this 80,000 kg of citrus? It turned out that Zhang’s original intention was to purchase citrus from others and then sold it to Jian, but the upstream seller rose due to the market price. In the end, Zhang was unsuccessful to sell, and Jian had no fruit to buy.

However, Jian and Zhang signed the acquisition contract. Zhang's behavior has constituted a breach of contract. According to the agreement, Zhang should return Jane's double deposit of 40,000 yuan. After many negotiations, Zhang returned less than 20,000 yuan to Jian. Jian was helpless and could only sue Zhang to the court.

After receiving the case, the undertaking judge actively organized the two parties to mediate, patiently explained the reason to the parties, and analyzed the advantages and disadvantages. In the end, Jian Mou considers that Zhang was still young, and it was the first time to do business. He agreed that Zhang had compensated 11,000 yuan to compensation.

Judge

The undertaking judge stated that the Civil Code stipulated that civil subjects should abide by the principles of integrity and adhere to honesty and adhere to their commitments. If the debtor fulfills its debt, the deposit shall be offset or recovered. The party who pays the deposit does not fulfill the debt or the performance of the debt does not meet the regulations, which causes the contract to return the deposit without the right of the contract; if the party who accepts the deposit does not perform the debt or the performance of the debt does not meet the agreed, it shall not be able to achieve the purpose of the contract. Back to the deposit.

Zhang Lingtao, a reporter from the media reporter Chen Bo intern, Liao Antai

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