An agent may
return goods
purchased by
him to the
feller, on account
o f a
defeSi y
but not after
having delivered
them
to his confti-
tuent.
A right of
pre-emption
may be enforced
againft
an agent before
delivery
to his eonfti-
tuent; but not
afterwards.
Agency in
Sir f or Sillim
is valid.
mean wheat: if, on the other hand, he give a fewdirms, {three, for in
ftance,) it is conftrued to mean bread made a f wheat; and if a middle
number, (fuch as feven,) it is conftrued to mean the flour of wheat.
If an agent, after purchafe, difcover a defedl in the goods, he
may then return them to the feller; becaufe the rejection of the fub-
jedl of fate on account of a defedl is one of the rights of a contradi of
fale; and the agent, as being one of the contraBing parties,, is .entitled
to all the rights of the contradi.— This, however, is only where the
agent has not delivered over the goods to his conftituent; for, after
that, he cannot return it to the feller unlefs by permiffion of the con-
flituent; becaufe,. after delivering the goods bought to his conflituent,
his agency ceafes; and alfo, becaufe, if he were then permitted, to
return the goods to the feller without the confent of the conflituent,
the feizin made by the conflituent in his own behalf would be fet at
nought.— (It is to be obferved that as, previous to the delivery of the
goods to the conflituent, the rights of the contradi reft with the agent,
and ceafe and expire after the delivery, it follows that if a perfon claim
his right of Shajfla * in a houfe purchafed by an agent, he has a right
to fue the agent previous to the delivery of the houle to his conflituent;
but after the delivery no adtion would lie againft the agent.)
If a perfon appoint an agent for executing a contradi o f S ir f or
Sillim j- it is valid; becaufe the conflituent being himfelf competent
to theie contradls may lawfully (on the principles already explained)
empower another to execute them on his behalf. It is to be obferved,
however, that the Sillim here mentioned means a purchafe by way o f
Sillim (or advance,) and not a fale by that mode; becaufe, if a fate of
that nature were allowed by agency, it would neceflarily follow that
A right o f neighbourhood, which gives the neighbour a p rivilege o f re-emption. — It
is fully treated o f under the head ofShaffa.
t See Salts.
the
the ao-ent muft himfelf become liable for a particular article in lieu of a
price which he has not received.— It is'likewife to be obferved that if,
in either of thefe cafes, (that is, either the contradi of Sillim or S irf,)
the ao-ent (who is the buyer) be feparated from the feller,— previous
to his feizin o f the goods, in the cafe of Sillim,— or, to the mutual
feizin of the article of exchange in cafe of the S irf,— the contradi becomes
null; becaufe the agent being a party, his feparation from the
other party previous to the feizin is the caufe of annulment of both
contradls; (contrary to where the conftituent is feparated from the
feller before the feizin ; becaufe not being himfelf a party, his feparation
is of no confequence.)— Since, therefore, the agent is a party, it
follows that his feizin and delivery are valid, although he be one to
whom the rights of a contradi cannot appertain,, (fuch.as an infant or
an inhibitedflave.) It is different with regard to a meflenger in a contradi
of Sillim or Sirf-, for his feizin is not valid, as his fundlion relates
to the contraB and not the feizin-, becaufe a meflenger merely delivers
the fpeech of his employer to another; and feizin is no way connedled
with fpeech. Moreover, a fpeech delivered by a meflenger refers it-
felf to the didlator of the meflage; a meflenger is, therefore,, not con-
fidered as a party; and hence his feizin, as being the feizin of a
flranger, is not valid.
If an agent for purchale pay the price.of the goods from his own
property, and obtain pofleffion of them,'he is entitled to repayment
from his. conftituent, for two reafons.— F ir s t , he Hands as a felr
ler, and the conftituent. as a purchafer.-, becaufe a virtual exchange
is eftablilhed between them; (whence it is that i f an agent and his
conftituent difagree, with relpedl to the price,, an oath.is tendered to
both, as holds in all mutual exchanges of property for property; and
the conftituent may alfo return the thing purchafed to the agent,, on
account o f any defedt:.)— when, therefore, the thing purchafed is duly
delivered to the conftituent by the agent, the agent is entitled to take
from him the price he may have given for i t :— secondly, as the
rights.
An agent;,
paying for
goods with
his own
money, is en~
titled to repayment
from his con»
ftituent.