In this case A is liable to C for the hogop, and to B for his fee as go-between.
It becomes a matter of common knowledge that A has a gold neck-ornament for sale. C agrees to purchase at the stated price and A agrees to sell to him. A sells the ornament to somebody else.
A is not liable for the hogop, for the reason that C made the first advances.
In no case can one who makes a contract to buy be held for any payment of damages for breaking his contract.
Irrigation Law
72. The law as to new fields.—If all the land below a spring or small stream located on ownerless land, be common land—that is, land without an owner—he who makes the first rice field below the source of the water supply is entitled to all the water needed for his rice field. Another man, making a rice field between the field of the first comer and the source of the water supply, may not use the spring or stream to the detriment of the first comer.
But should a man make a field, be it on common or on owned land, below a spring or stream, and should another man make a field between the first field and the source of the water supply on owned land, the second comer would have the right to whatever water might be useful to him.
73. The law as to water.—Water which has been flowing to an area of irrigated land may under no circumstances be diverted to irrigate a different area, even though that area be nearer the source of the water.
A person who acquires rice fields, one of which is near the source of the water supply and the other at a considerable distance from it, may not pipe or trough the water from the upper field to the lower one if the water has meantime been irrigating an intervening area. Thus: