The plaintiff, Socratis Reppas, is a goldsmith. The defendant, Shahram Mirkalami, is an auctioneer. The parties' relationship began 10 years ago. They developed a practice under which the plaintiff delivered jewellery to the defendant, together with a minimum price. The defendant then attempted to sell the goods. By way of profit, the defendant was entitled to keep sale proceeds in excess of the plaintiff 's minimum price. Any jewellery that did not sell was to be immediately returned to the plaintiff. The relationship was very informal. The plaintiff kept a running list of items handed over to the defendant, but otherwise business was done on the basis of spoken words and handshakes. The situation unfortunately fell apart last year. The plaintiff had a list of 40 items that the defendant had neither returned nor provided sale proceeds for. After considerable argument, the defendant accounted for 27 of the items, but he now denies ever receiving the remaining 13 pieces of jewellery. How would a court resolve the dispute? Explain how a judge would deal with the general lack of evidence and the issues of proof.