■ HE"
A G E N C Y , B o o k XX-HI.
former ftatement of the cafe, where the literal meaning not beino-
practicable, the metaphorical fenfe was therefore adopted:— and as the
literal meaning (namely, an exchange of property for property) is
here followed, the purchafer of confequence becomes the proprietor
of the Have; and the one thoufand dirms given to him bv the Have
for the purchafe of himfelf are the right of the mafter, as being the
flave’s earnings; and the purchafer mud pay him another thoufand.
dirms for the price. In fhort, in the cafe of an agent for a (lave pur-
chafing the 1'aid Have in his own behalf, it is neceflary that he particularly
explain the cireumftances of the cafe; that is-, that he exr~
prefsly fpecify the purchafe of the flave “ to be made in behalf o f the
“ flave f — for otherwife the purchafe is for h im fef and not for
the Jlave. It is otherwife where a perfon, who is not a flave, pur-
chafes, in the capacity of an agent, afpeeific flave; for it is not necef-
fary that he fhould fpecify in whofe behalf the purchafe is made, fince
the contract of fale tak.es place, whether fuch an explanation be mads
or not; and in either cafe the feller demands, the price from the agent,
who is the contracting party. In the cafe in queftion, on the contrary,
the explanation is material; for if it be not made, the tranfac-
tibnis a fale\— or, i f it be made, it is an emancipation, with a reverfa-
tion of the right of Willa; in which cafe the price is not demanded
from the agent, notwithftanding he is the contracting party:— it is-,
moreover, poflible that the mafter may not be inclined to the emancipation,
but may aflent to the fale merely with a view to the exchange,—
in which cafe, alio, explanation is indifpenfable.
If a perfon fay to a flave ,r purchafe your own perfon on my be-
** half from your mafter;” and the flave fay to his mafter “ fell me,
“ on account of a particular perfon, for this quantity of dirms f and
the mafter accordingly agree, in this cafe the flave becomes the property
of the conftituent; becaufe a flave is capable of becoming an
agent for the purchafe of himfelf, fince, with regard to the property
involved in his perfon, he himfelf is as a ftranger; and as he is property,.
a contract
A flave may
adl as the
agent o f an- .
other perfon,
in purchaiing
his own freedom.
a contract of fate operates with refpeCt to him, although the feller
(becaufe of the property being in the hands of the flave himfelf) be
not- entitled to detain him from the conftituent after the fale, as a fa-
tisfaCtion for the price r— and as the flave is capable of agency,- it follows
that if, in the cafe in queftion, he refer the contract to his conftituent,
it confequently holds good with regard to the conftituent,
becaufe of its being in conformity to his orders ; but if, inftead of referring
it to his conftituent, He lhould refer it to himfelf, he then becomes
free, becaufe the contract is in that cafe an emancipation, to
which the mafter agrees.
O b j e c t i o n .— T h e flave i s , in this cafe, an agent for the pur-
chafe-of a fpecific thing; but an- agent for the purchafe of afpeeific
thing is not entitled to purchafe that thing for himfelf.
R e p l y .— Although the flave, in this cafe, be an agent for the
purchafe of a fpecific thing, yet, by purchafing, he in reality performs
an aft of a different nature from purchafe * , and that aft is therefore allowed
to be expedited in his behalf.
— If, alfo, the flave limply fay to his mafter “ fell me,” without
mentioning the particular perfon, he is free ; becaufe his fpeech being
abfolute, and admitting of two interpretations, is not applied in favour
of the conftituent, on account of the doubt which exifts, and which
confequently determines the tranfaCtion to be a contraft in behalf o f
himfelf
s e c t . nr.
O f A g e n c v for S a l e .
An agent for purchafe or fale is- not permitted, according to Ha-
tteefa, to enter into a contract of purchafe or fale with a perfon. whofe
• Namely, emancipation.
i evidence
An agent for
fale cannot
fell to his