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Ruling: Since pl is attempting to extract money already paid and also obtain a garden, the burden of proof is upon him. The addition of "garden" to the contract is not sufficient proof, as def’s explanation is reasonable. If the word were of such significance and was to override par. 7, its addition would have required initialing by the sides, as other important additions in the contract had.
Additionally, we view the letter of obligation as byr’s admission that def had the 70,000 NIS coming to them, or there should have been a clause where they clarified that it was not. Since the two sides to the original contract agree to its interpretation, the intention of the sides overcomes the document’s simple meaning.
Both sides agree that had pl not signed the letter of obligation, def would not have given its confirmation of the conditions of byr’s purchase, through which pl could gain ownership via byr. Since def gave it only on the assurance that pl would pay the 70,000 NIS for the garden, pl cannot now back out of it. Although there are times when one making an apparent admission can claim that it was made with sarcasm, this cannot be done when the recipient of the admission loses money as a result, when the request of money is reasonable, or after the one admitting already paid (see Shulchan Aruch, Choshen Mishpat 264:6-8). Pl fails all of these conditions.
Therefore, pl does not deserve return of the 70,000 NIS.
P'ninat Mishpat (832)
Beit Din Eretz Hemda - Gazit
715 - Who’s Responsible for the Leak?
716 - Was the Garden Included?
717 - Why Did they Stop Working?
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Beit Din Eretz Hemda - Gazit
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