PEH785

In this case, A needed to cover a debt and entrusted a ring with five gemstones to his friend and broker, B, asking him to sell it for 500 florins. However, B was ill and could not go out, so he advanced A the 500 florins from his own funds. Ten days later, B sold the ring for 800 florins. A then claimed that he had intended the money as a loan from B, and demanded the 300 florins difference, while B argued that he had taken the ring as a permanent transaction. Samuel Mendes de Sola ruled that B must pay A the 300 florins. This judgment indicates that B, although he had advanced the 500 florins initially, had effectively made a profit by selling the ring for more than it was worth. Therefore, the additional 300 florins were considered owed to A, as B had not made it clear that the transaction would be treated as a final sale rather than a temporary loan.

11

9

1792-10-17

1793-05-12

Acohen d'Azevedo, Daniel