Question:

Reuven asked Shimon to sell esrogim for him. Reuven said “sell them for 150 shekel and you will get 50% of the profit.” Shimon decided to sell the esrogim for 200 shekel and found buyers. Who gets the extra 50 shekel profit per esrog?

Answer:

Answer by Horav Y. Fleishman shlit”a.

In principle it goes to the owner as it says in the beginning of CH:M siman 185. We can understand this, that therefore he gets only what he would have gotten had he sold for 150. But this idea was disputed by two dayanim choshuvim who said he gets half of the profit at 200 because his salary was half the profit and not a shekel amnt

 

Tags: Buying and Selling

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