In June, the agricultural cooperative Balkhash concluded a commission agreement with a wholesale purchasing base for the sale of a batch of apricots outside the region. At the agreed time, the cooperative delivered 7 tons of fruits to the base, the sale price of which was 40 rubles. per kilogram.
Apricots have been commissioned to several retail stores in the city. Most of them were sold at a designated price, and the rest - at a reduced price - 30–35 rubles. per kilogram.
The cooperative decided that the base had no right to conclude sub-commission agreements for the sale of apricots in the region,
as well as take on the implementation on a commission basis fruits from other counterparties. In addition, he thought that the fruit’s markdown was unlawful and demanded payment of the entire contractual amount from the base and shops, since, in his opinion, the shops had to agree on the price change with him (the cooperative).
Representatives of the base and stores claimed that in the summer months there is a glut in the market, so prices are reduced for the speedy sale of fruits. In addition, some stores do not have special storages, and they sought to avoid spoiling apricots.
The cooperative did not agree with the above arguments, noting that he entered into an agreement with the base only because she had all the necessary conditions for storing perishable goods, and sued the base and six shops.
Analyze the arguments of the parties and decide the case.
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