If a perfon let his flave to hire, and afterwards fell him, this is
not a pretext, -becaufe he fufiains no injury in cafe of the contrafl
being put into force, the only confequence incurred being, that his
right of advantage (from the flave’s hire) is loft, which is out of the
quèftion in the prefent inftance.
If a taylor hire a fervant to few for him, and hé afterwards become
bankrupt, and.quit his bufinefs of taylor, this is a pretext; for-
i f the coritraft were to continue in force he would fuftain injury, bé-
caufe of his means (namely, his capital) being loft.— It Is proper to
remark, that by the taylor mentioned in this example is to be under-
ftood one who carries on bufinefs on his own account-: for with refpeft
to a taylor who works for hire, his only capital is a needle, thread, and
fciflors, whence he cannot be confidered as becoming bankrupt. I f a
taylor, who has hired an affiftant as above, be defirous to quit his bufinefs
of taylor and to purfue the bufinefs of a money-changer,, this is
not a pretext, as it is in his power to place the hireling in a particular
part of his fhop for the purpofe of exereifing the bufinefs of a taylor,
whilft he himfelf purfues the bufinefs of a money-changer in another
part.— It is otherwife where.a perfon hires, a fhop to carry on the bufinefs
of a taylor, and is afterwards defirous to exercife fome other trade,
for this is not a pretext; the reafon of which (as mentioned in the
Mabfoot) is that one perfon cannot exercife two different profeflions.—
In the inftance, however, of a taylor hiring a fervant to few, the per-
fons are two, and confequently may exercife two different trades.
If a perfon hire a fervant to attend him in a city, and afterwards
travel, this is a pretext, as not being altogether void of injury; for the
trouble of attendance is greater in travelling; whence if the fervant
were to go upon the journey, he would fuftain an injury;: or if, on
the other hand, the hirer were prevented from undertaking the journey,
he on his part would be injured\ and as neither is to incur an
injury by the contraft, it follows that the circumftance in quèftion
forms
forms a pretext.— The fame rule alfo holds i f the fervant be hired in
an abfolute manner,, by the hirer faying to him (or to.his ?»^&r,-fijp-
pofing the hireling to be a flave):* “ I hire you” (or “ I hire yolir.
“ flave” ) to wait upon me,” ' without reftrifting the fervice either to??'-.
a ftationary or a travelling defeription, becaufe it has been already
mentioned that the hire .is in. fuch cafe reftri&ed-toy?«//»»«™ fervice- K
If a perfon let land, and be afterwards defirous to make a journey,,
this is not a pretext, becaufe it does not induce any injury, fince the
leflee or hirer has it ftill in his power to derive his advantage from the
land, after the leffor’s. departure.— If, on the contrary, the leflee be
defirous to make a journey,, this is a pretext, fince a continuance o f
the leafe. muft ,either, prevent the journey, or induce an. obligation.pf.
sent, without, refidence,. which would be injurious..
S E C T I O N .
M isc e l la n eo u s C a s e s -
I f a perfon either hire or borrow land, and in burning the Hiffaytd, A hfrer or
or ftubble and roots o f the foil, happen to burn any thing upon the borrower of
neighbouring lands, he is not refponfible; becaufe as, in exciting the “ J S '
eaufeof the deftruftion, he was not guilty of any tranfgreffion or
trefpafs, he therefore ftands in the fame predicament with a perfon the ftubble,
who digs a. well in his own.houfe*..— Some fay that this holds only
. a wen on,me public hignway, or in any other p lace o f general- ac-
Derfc 1&,.refPonrible W B m fine in cafe o f at>y perfon being killed by falling into i t ; but a.,
perion digging a well in his.own.houfe or.landjs not refponfible. \