'f 3*>- )
Definition of
the terms
ufèd in fale.
H E D A T A .
B O O K XVI.
O f S A L E .
BE E Y A , or fale, in the language of the l aw fignifies an exchange
o f property fo r property •with the mutual confent o f the parties.
Shirra fignifies purchafe. T h e feller is termed Bdyee: the purchafer
Moofhterree: the thing fold Moobea: and the price Simmin.
Chap. I. Introductory.
Chap. II. O f Optional ■ Conditions:
Chap. III. O f Option of Infpection.
Chap. IV. O f Option of Defeat.
Chap. V . O f invalid, null, and abominable Sale9.
Chap. VI. O f Akala, or the dijfolution of Sales.
Chap. VII. O f Sales of Profit and of Friendfhip.
Chap. VIII. O f Ribba, or Ufitry.
Chap. IX. O f Rights and Appendages.
Chap. X. O f Claims of Right.
Chftp. -XI. Q lS illm Saks.
S a l k
Book-XVI. S A L E.’
Sale is completed by declaration and acceptance) the Ipeech of
thefirfi fpeaker, of the contrafting parties, being termed the declaration,
and that of the /a/? fpeaker the acceptance. Thus, if Zeid Ihould
firftfay to Omar “ I have fold to you a particular article belonging to
“ me for ten dirms,” and'Omar Ihould then fay “ I have bought
“ that article belonging to yoh for the laid price,. the fpeech of Zeid
is in that cafe termed the declaration, and that of Omar the acceptance.
If, on the contrary, Omar thould firft fay to Zeid “ I have purchafed
“ a particular article belonging to you for ten dirtns, aiul Z crl ihould
then fay “ I have fold the fame to you for the laid price, the fpeech
of Omar is in this cafe termed the declaration, and that of Zeid the
acceptance.
I t is a neceffary condition that the declaration and acceptance be
expreffed in the prefent or preterite tenfe indicative; for if either
be expreffed in the imperative or future the contraft is incomplete.
Thus, if the feller Ihould fay to the purchafer, “ Buy this article be-
“ longing to me for ten dirms,” and the purchafer reply, “ I have
“ bought the faid article for ten dirms,"— or, if the feller Ihould fay
“ I have fold this article to you for ten dirms," and the purchafer
reply “ 1 will purchafe the faid article for ten dirms,"— in neither
cafe would the fale be binding.
I t is to be obferved that in the fame manner as a fale is eftablilhed
by the words, “ I have bought," or “ I have fo ld " fo alfo is it eftablilhed
by any other words exprelfive of the fame meaning; as if
either of the parties, for inftance, Ihould fay “ I am contented with
“ this price,” or “ I have given you this article for a certain price, or
“ Take this article for a certain p r ic e b e c a u fe , in fale, regard is
had to the fpirit of the contraft, and the particular ufe of the words
bought and fold is not required; whence it is that fale may be contracted
limply by a fadta or mutual furrender, where the feller gives the
article fold to the purchafer, and the purchafer in return gives the
price to the feller, without the interpolation of fpeeeh. Some have
V ol. II. A a a alleged
Sale is cont
ra led by declaration
and.
acceptance,
expreffed ei *
ther in the
preterite or the
prefent:
or by any ex-
preffions cal«
ciliated to
convey the
fame meaning.