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or not * ; and confequently the contrail of the agent is binding on the
conftituent, becaufe his feizin is equivalent to that of his conjiituent.—
The argument of Haneefa is that dirms and deenars admit of fpecifica-
tion in agency; (whence it is that if a perfon reflxidt his agent to the
purchafe of fomething with one thoufand fpecific dirms, or with a debt,
and the fpecific dirms be loft in the agent’ s hands, or the debt become
cancelled, the agency'is null;) and fuch being the cafe, it follows
that, in the appointment of an agent for the purchafe of a Have, or
for making a Sillim contrail, the property of a debt is veiled in a perfon,
by another who is not indebted to him, without his being appointed
an agent for the feizin of the faid debt, which is unlawful;
in the fame manner as if a perfon Ihould purchafe a thing in exchange
for a debt due to him by fome other than the feller; (as if he Ihould
fay to the feller, “ I have bought this thing from you in exchange for
“ a debt owing to me by a certain perfon, and which you may take
“ for the price;” )— in which cafe the fale would be invalid; and fo
alio in the cafe in queftion.— In the appointment of an agent for managing
a S ir f fale, on the other hand, it would follow that the conftituent,
before polfeffion, commands the ufe of a thing of which he is
not proprietor till ft e r pofleffion, (for he is not proprietor of the debt
till after the receipt of i t ;) and the application of the thing in queftion
to a S ir f fale, before the feizin of it, is null;— in the lame manner as
if a perfon Ihould fay p give what you owe me to whomfoever you
“ pleafe.”— It is other wife if the conftituent fpecify the feller-, becaufe
then the feller is his agent for the receipt of the debt, and confequently
takes pofleffion of the fame in virtue of his agency, and then
becomes the proprietor of it himfelf. It is otherwife, alfo, where a
creditor delires his debtor to bellow the amount of his debt in
charity, becaufe here the creditor deftines his property to G o d , who
* T h a t is to fay, it is the fame thing, whether the agent, at the time o f purchafe, declare
that “ the thoufand dirms he pays for the Have are thofe thoufand which he owes to
“ his conftituent,” or not.
is
is a known and determinate objefl.— It is to' be obferved that as, in
all thefe cafes, the agency (according to Haneefa') is not valid,' the
purchafe made under it is of force and binding with refpedl to the.
agent himfelf, as being the adtual purchafer:— if, therefore, the fubjedl
o f the fale Ihould decay or be deftroyed in his hands, he mull fuftain
thelofs: unlefs, however, the conftituent Ihould previoufly have received
feizin of i t ; becaufe, in. that cafe, It would become his property,
as a fale of the Have is in this inftance eftablilhed between the
agent and conftituent, by a Ibrt of reciprocity.
I p a perfon give another one thoufand dirms, and delire him to
purchafe with it a female Have,' and the agent accordingly purchafe a
female Have, and the parties then difagree,— the conftituent aflerting
that he had purchafed her for five hundred dirms, and the agent declaring
that he had paid one thoufand for her,— in this cafe the af-
fertion of the agent is to be credited, provided the value o f the Have
be eftimated at one thoufand dirms; becaufe the price, according to
him, being one thoufand dirms, in which exadl amount he is a truftee,
he therefore, in this cafe, claims a releafement from his charge of
truftee; whilft, on the other hand, the conftituent claims compenfa-
tion from him, which he denies.— If, however, the value Ihould b*
eftimated only at five hundred dirms, then the aflertion of the conftituent
is to be credited, becaufe the agent departed from his orders in
purchafing a female Have for five hundred dirms, when the conftituent
defired one for one thoufand dirms; and is therefore refponfible.— Sup-
poling (on the other hand) the conftituent not to have paid the one
thoufand dirms to the agent, and all the other circumftances o f the
■ cafe to remain as above mentioned, then alfo., i f the value of the female
Have be only five hundred dirms, the aflertion of the conftituent
mull be credited, becaufe of the agent’ s deviation from his orders:—
but if the value be one thoufand dirms, both parties mull be required
•to make oath; (becaufe fuch is the law in a difpute about the price in
a contrail .of fale; and here the conftituent and the agent Hand to each
V o l . III. JE other
Where an
agent and
conftituent
difagree re«
fpefting a
purchafe, a
judgment
muftbegiven,
according to
the value;