Chapter 3 - Concrete Reference to the Various Plaintiffs
As usual, taking into account the factual variation that is unique to the interest of each group, we would like to divide our discussion on this matter between the plaintiffs' class 1-2 and the plaintiffs' group 3-7.
With regard to the group of plaintiffs 1-2, in view of my conclusion in the chapter called "Did Plaintiffs 1-2 know about clause 15 prior to the signing of the contracts", after the details of the derivatives that arise from the manner in which the parties proceeded in real time, I do not find it necessary to expand beyond that by way of giving a casuist reference to each of them. This is because I do not believe that this is sufficient to reflect on the legal outcome that is observed in the circumstances of the case.
It remains, therefore, to deal with the individual matter of the plaintiffs' group 3-7.
Plaintiffs' Group 3-7
Plaintiff 3- Mr. Yaakov Horowitz
In his affidavit, Mr. Horowitz claimed that in the summer of 2011, his son, Mr. Moshe Horowitz, told him that some of his friends were interested in purchasing agricultural land for the purpose of investment in the city of Ashkelon, with the expectation that the land would be thawed for construction and then it would be possible to sell it at a profit. Mr. Hurwitz claimed that he had agreed with his son that if he decided to purchase such a plot of land, it would be his son who would sign the contract on his behalf. During the negotiations before the contract was signed, his son Moshe noted to him that he had seen two documents bearing the logo of the Ashkelon Municipality, signed by the Deputy Mayor at the time, Mr. Shimon Cohen, as well as by the head of the Engineering Administration, and from these documents it is interpreted that there is a potential for the land to be thawed for construction. According to Mr. Hurwitz, "this was the main factor that convinced me to join the deal" (paragraph 3 of the affidavit).
Mr. Hurwitz also claimed that his son told him that according to the realtor Dahari, these documents were given to him by the seller of the land (who at the time did not know who he was), and that Mr. Dahari claimed that he had also purchased plots of land in the same area. His son even told him, according to him, that the preliminary conversations with Mr. Dahari were conducted by Mr. Benya Tzidon and Mr. Elia Shimoni, "who were representatives of the group vis-à-vis Mr. Dahari" (paragraph 4D of the affidavit). Mr. Horowitz further claimed that before signing the contract, his son told him that the seller demanded that the entire transaction amount be paid in cash. This demand seemed puzzling to him, but it was nevertheless worthwhile.