问题 问答题

(2002年)新疆兴都公司将五百包长绒棉通过铁路运至郑州准备出售,委托郑州的伏牛公司将棉花存放于当地仓库,并约定在棉花出售后按售价比例给伏牛公司提成。伏牛公司将棉花存放于郑州北营仓库,并将仓单的复印件、发票等凭证寄回给兴都公司。半月后,兴都公司找到买家某纺织厂,双方签订了五百包长绒棉的买卖合同。合同约定先由纺织厂交付总价额50%的价金,兴都公司收到该款后将委托伏牛公司把全部货物的仓单背书给纺织厂,纺织厂在提货并验收以后一个月内付清余款。  过了首付款的约定期限多日,兴都公司仍未收到纺织厂的首付款,却打听到一个消息,该纺织厂因严重亏损将被其他企业收购。兴都公司立即致电伏牛公司,没有兴都公司的书面确认通知书,不得将棉花的仓单交给任何人。数日后纺织厂派人到伏牛公司取棉花仓单,并出示了与兴都公司的买卖合同和由某银行签发的付款保证书。伏牛公司见到合同及付款保证书,就将仓单背书给纺织厂,在纺织厂取完货给了回执后,就急急向兴都公司要提成。兴都公司立即回了个电传:没发给你们书面确认书怎么就随便放货,他们首付的钱还没给呢,如果这笔钱要不回来就要你们赔偿!  根据以上案情,请回答下列问题并简要说明理由。

(2002年)在纺织厂提交付款保证书并请求交付时,兴都公司有何理由拒绝向纺织厂交付货物?

答案

参考答案:兴都公司可以行使先履行抗辩权拒绝向纺织厂交付货物。

阅读理解

The Girl From the Street

The workers who brought the girl to the orphanage(孤儿院)knew little about her. The streets where they found her had been her home for many years. Her parents were unknown. They left her long ago. At the orphanage, the girl, like all the children there, was taught to read and write. While she was studying at the orphanage, she learned something else—to be independent(独立). At twenty-one, she left the orphanage and began working as a secretary.(秘书)And then, in 1975, while she was still working as an ordinary secretary, something special happened. She entered the Miss Hong Kong competition and won it. This was the turning point in her life. Now her name, Mary Cheung, was known to everybody.

Mary entered the competition because she wanted to show that orphanage girls could be something. Winning the competition gave her the chance to start a new life. This led her first into television and then into business as a manager. When she was working as a manager, she had trouble with her reports. “My English just wasn’t good enough.” She says. Luckily, she had a boyfriend (who later became her husband) to help her.

Mary studied management(管理)at Hong Kong and graduated in 1980, She started her own business in 1985. But she did not stop developing herself. She then studied at the University of Hong Kong. Since 1987, she had spent a lot of time on photography. She has held several exhibitions of her work in many places---China, New Zealand and Paris. She still found time, however, to work on TV, write for newspapers and bring up her family.

The girl from the street has come a long way, but her journey is not finished yet.

小题1:Before Mary Cheung was brought to the orphanage, ___________.

A.She had lived with her parents whose names were not known

B.She had lived in the street for many years

C.The workers knew her well

D.She had learned to write and read by herself小题2:The sentence “orphanage girl could be something” means that orphanage girls could be_________.

A.popular and successful

B.understood by others

C.Miss Hong Kong

D.known to everybody小题3:This passage is probably taken from___________.

A.a newspaper

B.a science magazine

C.a history textbook

D.a novel小题4:According to the passage, which of the following is true?

A.All the children at the orphanage liked Mary.

B.Mary was not happy as a secretary.

C.Mary’s boyfriend was good at English.

D.Mary’s life in the orphanage was difficult.

单项选择题