PEH512
Title
PEH512
Hirsch Summary
A London merchant commissioned his Amsterdam business friend to purchase gemstones on his behalf, commissioning them to the value of 20,000 guilders. As the Amsterdam merchant was not an expert, the client retained the right to return the gemstones within a maximum of three months. He provided a guarantor for the amount. Now, the Londoner found the stones to be worth barely 15,000 guilders and returned them so early via courier (?? ??? ???) that they should have normally arrived back in Amsterdam 15 days before the deadline. Due to an unusually cold spell, causing all waterways to freeze, the gemstones only arrived in Amsterdam 8 days after the three-month period had elapsed. The seller refused to take them back due to this delay and demanded payment. Moses ben David Rodriguez Lopez believes that a genuine case of force majeure is present and orders the seller to take back the goods. He believes that the seller could also be compelled to do so due to overpricing.
Volume
6
Local
22
Written Date
1770-03-20
Published Date (est.)
1770-05-25
Author Short Name
Rodriguez
Author
Rodriguez Lopez, Moses ben David
Rector Short Name
Salem
Rector
Salem, Salomo
Collection
Tags
Citation
“PEH512,” Pri Ets Haim Amsterdam Responsa, accessed July 7, 2025, https://pehh.library.utoronto.ca/items/show/10839.