PEH188

A, who intended to transport goods on a specific ship, made an oral agreement with his friend B that B would assume the transportation risk for a specified amount. A showed B a similar ship since the original ship was no longer at the shore. However, the ship was captured by pirates, and A demanded payment from B. B refused, claiming that the captured ship had only 45 cannons, whereas the one shown to him had 50 cannons. Samuel ben David Chiskijahu Mendes de Sola ruled in favor of A. B knew the ship's name and could have informed himself about its condition. If the risk seemed too great to him, he should have declined within a few days, not after a long time when the damage occurred.

2

27

1743-01-29

1743-06-23

Athias, David Israel