Have herfelf.— If, therefore, a perfon purchafe a female Have- arrived
at full maturity, (that is, feventeen years of age,) and
learn from herfelf that her courfes have not appeared, he is then
entitled to return her to the feller before taking pofleffion; and
even after taking pofleffion, provided the feller Amply deny the cir-
cumftance, and refiife to confirm it with an oath. If, however, the
feller deny the circumftance upon oath, the purchafer is not entitled to.
return her.
ifratldedto atl art'cle> after being fold, fhould receive a bkmifh in the
compenfation hands of the purchafer, and the purchafer fhould afterwards learn that
lor a defect . 1 1 -
in an article it had alfo a blemifh at the time of fale, he is, in that cafe, entitled
feflained a to receive from the feller a compenfation for the defedt; but he is not
furtherble- permitted to return it to him, as that would be attended with an injnilh
m his 1 . ^
hands; but_ jury to the feller, fince it would neceffitate. him to receive again into
this cafe, re- his property a thing with two blemifhes which, in ifiuing from him,
feller*'10 l had only one. As, therefore, the return of the article is in this cafe
impradticable, and as it is neceflary to remove injury from the purchafer,
the expedient of entitling him to a compenfation from the
feller for the defedt has been devifed: unlefs, however, the feller
fhould confent to receive it with the two blemifhes, and voluntarily
aequiefce in his own lofs.— By the phrafe compenfation fo r defeat, is to
be underftood, throughout this work, the difference between the
value of an article in its p erfed ftate, and the value it afterwards bears
in its defedive ftate.
A purchafer If a perfon purchafe cloth, and cut it up, and then, before he
compenfation had begun to few it, difcover it to be defective, he is in this cafe en-
dbcovcred titled to a compenfation for the defedt from the feller; becaufq al-
after the ar- though, in confequence of the cloth being cut, a bar be oppofed to
tide has been , ° , r „ ° , r r, i ■ , ,
cat up; the returning or it to the leller, (as the cutting is a defedt which the
purchafer himfelf is the occafion of,) yet the return is eventually pof-
fible, by the feller’s acquiefeing in it, which he may do if he pkafe,
fince
■ fince the bar is oppofed only in tendernefs to his fight; and this right
it isin his power to forego. If, however, after cutting the cloth, the
purchafer fhould fell it to another, he is not then entitled to any compenfation
for the defe'dt; for although, after cutting the cloth, the bar
to his returning it to the feller may be eventually removed, by his
(the feller’s] acquiefcence, yet when the purchafer afterwards dif-
pofes of it to another, he himfelf fixes a bar to the poflibility of its
being returned to the feller, for which reafon he is not entitled to a
compenfation for the defedt.
If a perfon purchafe cloth, and, after cutting, either dye it or few
.it,— or purchafe flour, ahd mix it up with oil,— and afterwards difcover
the article to be defedtive, - he is ’in that cafe entitled to a compenfation
for the defedt; becaufe the return of the article to the feller
is in either of thofe inftances impradticable, As it has become implicated
with a thing which cannot be feparated; it is therefore impoflible to
■ return the article Amply by itfe lf\ nor can it be returned with tlx addition,
fince the addition was not in any refpedt a fubjedt of the fale;
and the feller, moreover, is not at liberty to receive it back with fuch
addition, becaufe the obftacle to the return, in thefe inftances, is not
in right of the fe ller , but in right of the l aw *. If the purchafer,
therefore, in any of thefe inftances, fhould fell the article, after dif-
covering it to be defedtive, he is ftill entitled to a compenfation from
the feller ; becaufe, as the bar to his returning the article to him ex-
ifted previous to the fale of it on his part, he cannot by fuch fale be
eonfidered as the caufe of detaining it from the feller.
If a perfon purchafe cloth, and cut it out for clothing on account
of an infant fon, and after having fewn it up difcover a defedt in it,
he is not entitled to a compenfation for the defedt from the feller. If,
* Becaufe the l a w (meaning the text b f the Koran) forbids ufury, under which
head this tranfadtion falls, as being the receipt o f an addition, with the original,
Ggg 2 however,
unlefs, after
cutting, he
put it out o f
his power to
reftore it to
the feller:
or, i f the return
be rendered
impracticable
by
any change
wrought upon
the fubjedt
prior to the
fale, he is entitled
to a
compenfation
for defedt,
.notvyith-
ftanding the
fale of it.
Appropriation
o f a purchafe
to the
ufe o f an infant
(implied