1 We learn from Dem. 34.33 that the contract entailed a penalty of five thousand drachmae in case a return cargo was not shipped, but of course payment could not have been exacted in Bosporus. The speaker seems to identify the overpayment of one thousand three hundred and twenty drachmae with this penalty; but the “overpayment” represents almost exactly the amount of the money Lampis had loaned to Phormio, plus the thirty percent interest. It is, of course, possible that the penalty of five thousand drachmae was to be paid if Phormio neither shipped the goods nor paid Lampis, and the lesser sum if payment was made to Lampis without the shipment of a return cargo.
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