the contrail; and that, therefore, filch annulment cannot reft upon
that other’s knowledge of it; in the fame manner as his knowledge
of it is unneceflary in cafe the pofleffor of the option confirmthe con-
traét; as in the cafe of an agent for fale, (for inftance,) who may
lawfully a<ft in every matter to which his agency extends, without
the knowledge of his conftituent, in virtue of the powers given to
him on his- behalf.— The arguments of Haneefa and Mohammed are;
that a contrail of fale involves the rights of both parties ; and that the
annulment of the fale by one party only is an exercife of a right partly
belonging to the other, whilft at the fame time fuch exercife may
eventually be attended with a hfs to- the other: for fuppoftng thé
pofleffor of the option to be the feller, and that he annul the fale
without the knowledge of the purchafer, and the purchafer, in the
mean time, in the-confidence of the fale being complete, take pof-
feflion of the merchandife, then, in cafe of its deftruition, he muft
of confequence be refponfible for it :— or, fuppoling the purchafer to
be the poffeflor .of the option, and that he annul the fale without
the knowledge of the-feller, then an eventual lofs may refult to
the feller, as it is poflible that, on the prefumption of his goods bein»
already fold, he may enquire out another purchafer. Hence, as
fuch an exercife, on the part of either, of the right of the other,; may be
attended with an eventual injury, the annulment of an optional fale is
therefore made to reft upon the knowledge of the other party._
This cafe, in fhort, refembles the difmiffion of an agent: for if a
perfon, having appointed an agent, fhould afterwards difmifs him
without his knowledge, it would not be valid until the agent was
himfelf informed of i t ; and fo abb in the cafe in queftion.— It is
otherwife with the confirmation of a fale; as the exercife of fuch a
right by one party only does not entail an injury.— The afl'ertion of
Aooo Yoofaf that ‘ ‘ the pofleffor of the option is empowered to make
“ fuch annulment on the part of the other,” is not admitted; for how
can the other, who does, not himfelf poflefs fuch power, beftow it
upon the poffeflor of the option ?
If the perfon poflefling the option annul the fide without inform- -..t. a)lnui
ing the other party, and fuch knowledge, neverthelefs, reach him
before the expiration of the ftipulated period, then, becaufe of his ac- ledge, and
quirement of fuch knowledge, the annulment is rendered complete. informed be-
If, on the other hand, it fhould not have reached him until the expir- ‘J
ation of the ftipulated period, then the annulment is rendered com- theterm, it
r . . . ,s valid.
plete, becaufe of the expiration of the ftipulated period.
If a perfon poflefling the right of option in a fale fhould die, the fright
fale is then complete, and the right of option becomes void, and does fale, cannot
. . . I . . . , m i r i . defcend to aft
not defcend to his heirs.— Shafei maintains that the option delcends to m i
the heirs, becaufe, being a fixed and eftablifhed right in fale, it may •
be inherited, in the fame manner as an option in cafe of defect, or an
option of determination. The arguments of our doctors are that an
option is in reality nothing but defire, or difpofition, which is not capa- *
ble of being transferred from one to another; and nothing but what
is capable of devolving from one perfon to another can be inherited.—
It is otherwife with refpect to option in cafe of defect, as that is
granted to the heir, becaufe of his right to obtain pofleflion of a thing
whole and complete, in the fame manner as the deceafed, and not
becaufe of his right of inheritance, fince option is incapable of being a
fubjeCt of inheritance. It is otherwife, alfo, with? refpebt to an option
of determination, as the heir becomes- the proprietor in that inftance,
becaufe of the mixture o f property, and not becaufe of his right o f inheritance.
If a perfon, in purchafing any article, ftipulate file option of an- A right of
other perfon, in this cafe, provided either the purchafer or the pof- be referred
feflor of the option confirm the fale, it is valid; or, if either of them “ raf * ir<i
annul it, it becomes void.— T h e reafon of this is, that the ftipulation
of the option of another is admitted, upon a favourable confiruLlion.—
Analogy would fuggeftthat it is inadmiflible, and fuch is the opinio«
o iZ iffer, becaufe option being one of the articles of the contract, it
follows