PEH672

Two merchants who jointly operated a business had agreed that they would only buy or sell jointly; however, if one of them acted alone, he would bear the loss alone but receive only half of the profit. Once, when only one merchant was present, a known violent man entered the store. In fear for his life, the merchant, who feared for his life, sold a large quantity of merchandise at a bargain price. The partner, invoking the agreement, refused to share the loss. Joseph ben Moses Alvares has reservations and therefore bases the decision on the principle: "Whoever wants something from his associates must provide evidence for his claim."

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1783-05-27

1783-07-30

Acohen d'Azevedo, David