PEH391

Someone offered raw precious stones to A for purchase for 5000 florins. Since A could not evaluate the stones, he showed them to an expert, his friend B, who also processed raw materials himself. B assessed the value at 10,000 florins and was not averse to jointly purchasing the lot with A and processing the stones themselves. A showed no aversion but did not make specific statements and bought the stones. When he handed them over to B for polishing at the mill, it turned out that they were not precious stones but cleverly colored glass. A wanted to hold B fully liable for the entire loss, either for misleading advice or at least for half (a joint venture). Moses b. Samuel Izrael dismissed A's claim; B had not acted negligently (as the forgery had been very clever). Furthermore, the consultation had been free of charge. But even a joint venture did not exist, as a formal contract had not been concluded. [It is not clear whether these were diamonds or colored stones.]

4

38

1759-08-18

1760-01-19

Abendana de Britto, Isaac Chaim