PEH580

PEH580

A entrusted the building contractor B, who had submitted a precise estimate, with the construction of a house for the price of 100 Ducats. The contract stipulated a conventional penalty of 100 Gulden for the party that breaches the contract. The contractor wanted to evade his obligations due to an alleged increase in the prices of wood and stone. To settle the matter amicably, A was willing to add another 30 Gulden. The question now arises whether the contractual penalty, which was intended for charitable purposes (??????? ??? ??????), becomes due only if B does not carry out the construction at the increased price, or also if he does so, as that would still be a violation of the original contract. Moses ben Samuel Izrael affirms the first part of the question and denies the second part.

7

17

1775-12-30

1776-01-22

Israel

Israel, Moshe ben Samuel

Salem

Salem, Salomo