A G E N C Y . B o o k X X I I I .
An agent for
fale is not re-
lponfible for
confequen-
ces.
■tilat in queftion lhould take place between a manager * and his principal,
the aflertion of the manager muft be credited; becaufe Mozdribat
is in its original nature general and abfolute; whence it is that if a per-
fon fhould fay to another “ I have delivered this property to you by
“ way of Mozdribat f or, “ take this property by way of Mozdri-
“ bat,” the other might lawfully perform a£ts of Mozdribat with that
property -p.—In Mozdribat, therefore, an argument exifts of its being
abfolute. It would be otherwife, indeed, if the principal fhould declare
that he had given the property to, be ufed by one particular mode
of Mozdribat, and the manager fhould declare that he had ftipulated
another mode: for, in fuch a cafe, the aflertion of the principal
would be credited; becaufe the parties are both agreed, in this inftance,
that the Mozdribat was r e f rifted and not abfolute-, and Mozdribat,
whenever it ceafes to be abfolute and is determined to be reftrifted,
refclves itfelf into a mere agency.—It is to be obferved that an unre-
ftrifited commiflion to fell any thing may relate either to ready money,—
or to credit, whether for a long or a Jhort period, according to Haneefa.
The two difciples maintain that the period of credit mull: be confined
to what is cuflomary.—The principle on which this proceeds has been
already explained.
If a perfon order another to fell his Have, and the other, having
accordingly fold him, fhould take a pledge for the price, which pledge
is afterwards loft or deftroyed in his pofleflion,— or, if he fhould take
fecurity from the purchafer for the payment of the price, and both the
furety and the purchafer die infolvent, -or difappear, fo as to leave it
unknown whither they are gone— in neither of thefe cafes is the agent
refponfible: for he is the original with refpedt to the rights of the con -
* Arab. Mozarib.— Meaning, an agent fo r trade. I t is particularly treated o f under
the head of Mozdribat.
f T h a t is to fay, might employ it in trade according to his own difcretion.
tract
C h a p . I f . a g e n c y . 39
tra£t of fale; and feizin of the price is one of thefe rights;—and as
the takino- of fecurity was with a view to add to his certainty, and the
taking of a pledge was in the nature of a bond to anfwer the payment
of the price, it follows that he was competent to thefe a<£ts.—It is
otherwife with refpedt to an agent for the receipt of debt; for he acts
by way offu b f itution; that is to fay, the creditor has fubftituted him
to receive the debt for him, but has not appointed him to take fecurity
or a pledge in oppofition to the debt; whereas an agent fo r purchtfe,.
on the contrary, receives the price in virtue of his being a principal,
and a party in the contract, and therefore the conftituent cannot prevent
him from performing thefe a6ts.
S E C T . IV.
M i s c e l l a n e o u s C a s e si
If a perfon appoint two agents, it is not permitted to either of
them to a£t in any matter relative to their agency, without the concurrence
of the other.—This is the law with refpeft to all tranfactions
which require thought and judgment, (fuch as fa le, Khoola, and fo
forth,) becaufe the conftituent, in thofe tranfa&ions, may have a
confidence in the joint judgment of both the perfons in queftion, although
not in the Angle judgment of either of them.
Objection.—Where the price is fixed, there can be no need for
thought and judgment; and therefore, in that cafe, the adt of one of
the parties ought to be valid: whereas it is held to be otherwife.
Reply.—Although the price be fixed, yet there may beoccafion.
for judgment to increafe it, and alfo to. make a proper choice of a
purchafer...
The
Joint agents
cannot a& fe-
parately
without a
mutual con«
currence;