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[30]
Again, the following fact has been
testified to you by witnesses, that, after the articles of agreement had been
made away with by these men, the plaintiff and Parmeno sought to have new
articles drawn up, thus admitting that their former agreement was without force.
Yet, when they sought to have other articles drawn in regard to the judgement
that was to be given, since the existing ones had been lost, how was it possible
that, if other articles were not drawn, there could be either arbitration or
guaranty? It was the fact that they disagreed upon this very point that
prevented their writing new articles, Apaturius demanding that there should be
one arbitrator, and Parmeno that there should be three. But, since the original
articles were made away with, in accordance with which he alleges that I became
a surety, and other articles were not written, what right has he to bring suit
against me, against whom he is able to produce no agreement?
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