PEH436

PEH436

Inquiry by David Franco Mendes: A sold B 50 sacks of almonds from a cargo floating from Valencia to Amsterdam. The contract mentioned the names of the ship (?????) and the captain (????? ?? ???). It was also stipulated that if, due to an error by the unloader, the almonds were not on the ship or if the ship did not arrive at all, the purchase contract would be void. In the event of damage to the goods by seawater, the buyer should receive the insurance papers. The ship foundered on the French coast, and the goods were brought to Amsterdam on another ship. Meanwhile, the price of almonds had risen. A declared the contract null and void, while B insisted on delivery. Theoretically, it is also asked whether the legal situation would be different if other sacks had to be taken due to the shipwreck. David ben Raphael Meldola decides that in both cases, A must deliver the almonds to B.

5

20

1763-10-15

1763-11-07

Meldola

Meldola, David ben Raphael

Salem

Salem, Salomo