Responsa for Bava Batra 61:6
ומודי עולא היכא דא"ל של אבותי ולא של אבותיך דאינו טוען וחוזר וטוען והיכא דהוה קאי בי דינא ולא טען ואתא מאבראי וטען אינו חוזר וטוען מאי טעמא טענתיה אגמריה
So the occupier pleaded again, 'Yes, it did belong to your father, but I bought it from you, and what I meant by saying that it belonged to my father was that I felt as secure In it as if it had belonged to my father.'
Teshuvot Maharam
Q. A and B hired a tutor for their sons [for several terms] and paid him for one term in advance. Five weeks after the term began, A's son died. Since the tutor had to continue to teach B's son, he demanded that A pay him for the remaining term (or terms). A, however, claimed that when the tutor came to console him, after his son's death, he told him that he forwent the balance of his fee and that he would even repay him whatever he had received in excess of the fee for five weeks. A, therefore, demanded that amount from the tutor. At first the tutor admitted that he had forgone the balance of his fee, but claimed that his act was not valid since it was merely a verbal statement without a formal act of transference. Later, however, he completely denied ever having relinquished his claim.
A. If the tutor definitely admitted A's claim, and later retracted his admission, A is free from obligation to the tutor. However, he cannot collect anything he has already paid, since the tutor's promise of a refund was not accompanied by a formal act of transference. But, if the tutor's denial followed immediately upon his admission, or if the denial merely explained that the admission was really no admission, or if the admission was only implied but not definitely stated, A must pay the tutor his fee for the whole year. A, however, may bring another pupil to the teachr to be taught in place of his son.
SOURCES: Pr. 434–435. Cf. Agudah B. M. 118.
A. If the tutor definitely admitted A's claim, and later retracted his admission, A is free from obligation to the tutor. However, he cannot collect anything he has already paid, since the tutor's promise of a refund was not accompanied by a formal act of transference. But, if the tutor's denial followed immediately upon his admission, or if the denial merely explained that the admission was really no admission, or if the admission was only implied but not definitely stated, A must pay the tutor his fee for the whole year. A, however, may bring another pupil to the teachr to be taught in place of his son.
SOURCES: Pr. 434–435. Cf. Agudah B. M. 118.
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