Content: S18-210.docx (14.00 KB)
Uploaded: 15.11.2018

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The store, which sells pre-orders, entered into a contract with citizen Tikhonov, under which he undertook to transfer to Tikhonov a Japanese-made TV with a screen size of 54 cm diagonal, equal to 350 USD at the exchange rate valid at the time of the contract. After a month, the store informed Tikhonov that he could pick up his TV. Tikhonov demanded to deliver the TV to his home, as he considered the place of performance to be his own place of residence, which he specifically indicated in the contract. The store delivered the TV company "Shivaki" Tikhonov home. Tikhonov demanded to replace the TV, because he was sure that he was acquiring a Sony TV. When considering the case in court, it turned out that the store had televisions of both companies, while the price and other characteristics stipulated by the contract were the same for televisions.
The store brought Tikhonov a counterclaim for reimbursement of the cost of delivering the TV to Tikhonov’s apartment.
Who is right in this dispute?
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