a hireling, and the ftock remains in his pofleffion merely that he may
employ it, no indemnification is due from him on account of its de-
ftruCtion.
and not fcb-r A n o t h e r requifite, in contracts of Mozdribat, is that there be no
uncertainty: condition creative of an uncertainty with refpeCt to the profit; for
fuch a condition invalidates the contract, from its deftruCtion of the
object of it. Any other invalid conditions, however, excepting this,
oi- fuch as are oppofite to the nature of the contract, do not invalidate
the contrail, but of thetnfelves M to the ground, ais in the Cafe of a
condition of lofsto the manager, (where it is ftipulated that “ what-
“ ever profit may accrue fhall be ffiared between the proprietor and
“ the manager, according to their agreement; but that i f any lofs re-
“ fult, it fhall fall entirely on the manager.” ) The contrast of
Mozaribat, therefore, is not annulled by the ftipulation of conditions
of this nature, but the condition itfelf is null; becaufe,'as the condition
is merely redundant, and is neither productive of a diflolution of
the partnerfhip, nor of uncertainty with refpeCt to the profit, the
contract of Mozaribat is not thereby rendered invalid; in the fame
manner as agency does not become invalid from the invalidity of its
conditions.
S rom 'le te ly A n o t h e r requifite in Mozdribat, is 'that the proprietor deliver
made over to over the ilock to the manager, and retain no feizin of it, becaufe it
«be manager: -1S tjje manager’s hands in the nature of a depoftt, and muft therefore
be in his foie pofTcffion, and in no refpeCt in pofleffion of the proprietor.
It is otherwife in a contract of partnerjhip-, becaufe, in a
contract o i Mozaribat, the property is fupplied by the one party, and
the labour by the other; whence it is indifpenfable that the property
remain entirely with the manager, in order that he may be competent
to perform the neceflary labour with regard to i t ; whereas, in part-
nerfhip, the labour is fupplied by both parties; whence, i f it were fti-
3 pulated
pulated that the property fhall remain entirely with one of the parties,
a contract of partnerfhip would not be eftablifhed.
A c o n d i t i o n of management by the proprietor of the ftock invalidates
a contract of Mozdribat; becaufe, where fuch a condition
exifts, the ftock can never be pofleffed folely by the manager, wherefore
he cannot be competent to aCt with refpeCt to it, and thus the
objeCt of, the contract (namely, a participation in the profit) cannot be
effected;— and this, whether the proprietor be of found underftandin°-
or otherwife, (fuch as an infant,) becaufe, as the pofTefTion of the
ftock is eftablifhed in the proprietor in virtue of his right of property,
fo long as it continues in his pofleffion no delivery of it .to the manager
can be certified.— In the fame manner, alfo, if one of two
Mozaribat partners, or one of two Aindn partners * , deliver ftock to
anyperfonin the way of a Mozdribat, and ftipulate that the other
partner fhall alfo engage in the management of it, fuch contract of
Mozdribat is null,— becaufe the other partner is alfo a proprietor of
thesiftock in queftion, although he be not a. party to the Mozdribat
agreement.
If the contractor of a Mozdribat agreement be not the proprietor
I of the ftock, and ftipulate that he alfo fhall unite with' the Mozdrib,
or manager, in the management of the ftock, fuch agreement or
contract is. .invalid, where the contractor happens to be incompetent,
■ — that is, where he is a perfon who (like a priviledgedJlave) cannot
lawfully undertake the management of ftock, in the way of Mozdribat.
— Where, therefore, a priviledged Have gives ftock to another to
, manage in the way of Mozdribat, ftipulating that he fhall, cory'unCtly
with the manager, ad with regard to the ftock, for a proportion of
the profit, the contract is invalid, betaufe although the (lave be not
■ actual proprietor of the ftock, yet as he has a pofleffion of it, with the
power of employment, he is held to be the fame as the proprietor,
* See Partnerjhip, V o l. I I . p. 3 1 1 .
V°L' m - F f • and
A condition,
o f management
by the
proprietor invalidates
the
contract;
and fo alfo, a
condition o f
management
by the con-
tra&ing party,
although
he be not the
proprietor,