addition of a particular fum by way of profit. Favoleeat, or hfriendly
fale, is where one perfon. fells any thing to another for the exact
price which he himfelf paid for it. Both thefe modes of fale are lawful;
becaufe the conditions efl'ential to the validity of a fale exift in
•them; and alfo, becaufe mankind ftand in need of them. For
example, a man who has himfelf no fkill in making purchafes is ne-
ceflitated to confide in a purchafe from a perfon (killed in fuch matters;
in other words, he will purchafe the article from this perfon at
the fame rate at which he had purchafed it, without allowing him
any profit upon it, as in a cafe of Tawleeat, ox friendly fale,— or, he
will purchafe it from him, at the fame rate-at which he had purchafed
it, allowing him an addition, by way of profit, as in a. calc of Moord-
bihat, ox profitable fale; and this will leave him fatisfied and at eafe
in his mind; fince a perfon deftitute of Ikill is by either of thefe modes
fecmed from fraud, whereas, following any other mode, he would be
expofed to great impofture. Mankind, therefore, having oceafion for
both thefe modes, they are both p e rm it te d a n d as, in both in-
ftances, the purchafer is under a neceflity of placing an abfolute confidence
in the word of the feller, who is Ikilled in the bufinefs of
traffic, it is therefore incumbent on the feller to be juft and true to his
word, and to abftain from frauds or from the femblance of fraud.
Fraud is where a perfon avers that he had purchafed a certain thing
for twelve dir ms, when, in fad, he had only paid ten firm s; and the
femblance of fraud is where a perfon fells any thing by a profitable lale,
copy, a Moorabihat is defined to mean “ a transfer, made I f the proprietor, under t he or ig i-
“ n al con trail, at the original price, w ith the addition o fa profit, ’ ’— and Tawleeat “ a tranf-
“ fe r , hy the proprietor, under the original contract, a t the original price, without an addi-
“ non o f p rofit.” Hence it would appear that, in a cafe o f Moorabihat, the contract
Dol.MoordbihatJ refers itfelf merely to the profit agreed fo r , -and not (as in other fales) to
the whole price to be paid, fince that (exdufive o f the profit alone) is determined by the
nature o f the contra«, without fpecification; and that, in a cafe o f Tawleeat, oij the other,
hand, the contra« [ o f .Tawleeat] refers itfelf to the original price, fince that is fixed at
th e prime cofi, from the-nature of-the contra«.
ftipulatinj
Chap. VH. S A L E .
ftipulating prompt payment,, when, in reality', he had himfelf purchafed
the lame thing on credit.
471-
P r o f i t a b l e and friendly fales are lawful only where the price
of the wares is'of the defcription of fimilhrs, fuchas V/mrand deenars,
for inftance; becaufe,. if the price ftipulated' be an article o f which the
unities are not fimilar, (fuch as a Jlave, for example,) it follows-that'
the purchafer becomes proprietor of the .wares for a price o f which
the value is unknown, a circumftanee which induces illegality in a
fale. If, however, the purchafer * Ihould, in. the mean time, have
acquired pofleffion of the price, (as if, for inftance, the price be a
Jlave,. and that identical Have be then the property o f the purchafer) in.
fuch cale a. fale o f friendjhip is lawful; and' alfo a fale of profit,— provided
the profit be ftipulated in money, or in: articles eftimable by.
weight,, or meafurement o f capacity,, which are defcribed and afcer-
tained ;— becaufe the purchafer-is. in this cafe enabled to make delivery
of the thing, which he has rendered obligatory on himfelf.. It. is not.
lawful, in a fale of this nature, to, ftipulate a profit proportionate to
part of the price, (fuch as a profit o f one dirm upon ten, , two upon
twenty, and fo forth;), becaufe the particular'value of the price [the
Have],not being afcertained, this could not be carried into pradtice:—
it is neceffary, therefore,, to ftipulate.a general profit upon the wholb
price.. ’ ■ , '
They require
that the price
confift offimi-
la r s;
or, if other-
wife, that the
perfon who
enters into
the agreement
with
the purchafer
ihould have
obtained pof-
'feflion of the
price in the
interim: but
the profit
agreed for.
mull be in
money or fpe-
cific articles
o f weight, or
meafurement
o f capacity;,
and mull be
ftipulated
upon the
whole price,,
generally,
and not pro-
portionably
upon its parts i .
I t is lawful.for the feller.-F,, in.a profitable.or friendly fale, to add AU mterven-
, \ , mg expences S
to the. capital fum | the wages of the bleacher, the dyer, , or the which en-
* Meaning the perfon who enters into the Tawleeat or Moorabihat agreement with the
firff purchafer.
f ' Meaning the party who firft purchaftd the article, and then agrees to transfer it b y '
Tawleeat'ox a Moorabihat. (T h e terms fe lle r and purchafer: are. thus to be underftoodi
throughout this fe£tion.)
X Arab. Ras M a i: meaning (in this place) the prime coft or. original price o f the-
article.
figurer.
Hfcssiai
i l l