I ordered a sefer from the employer of a private book seller in our neighborhood.
The following day I ordered a second sefer. The employee told me that since the owner of the store was making a wedding the following week, it would be best to order from someone else. I took this to mean for both seforim. I ordered the first sefer from someone else and the following day the employer delivered the same sefer to me.
The store was not open during the week of Sheva Brochos and last night I went to return the sefer and once again order the second sefer. The employer told me that he had only meant for me to order the second sefer from someone else. In any event he took back the sefer and said he would try selling it or he himself would absorb the loss. He cannot tell the owner what happened because the owner went out of his way to get the sefer. Am I obligated to take the sefer and pay for it? If not – is there an inyan of midos chasidus for me to absorb the cost.
Answer:
Because you ordered the first book, and then misunderstood the employee’s statement, you would in principle be obligated to absorb the loss. The owner ordered the book based on your instruction, and based on the concept of motzee hotza’os al piv, you have to pay for it.
However, if the owner has foregone the obligation, and agreed to absorb the loss, you don’t have to pay. It is probably in his interest to do this, in providing customer service and maintaining good connections with customers. However, it might be proper to offer to split the loss, or something of the sort.
