DOI Page / Citation link:
https://doi.org/10.11588/diglit.52452#0176
148
NARADA.
VIII, 6.
profit arising from (dealing in) foreign countries shall
be macle over (as well).
* 6. If the article (sold) should have been injured,
or destroyed by fire, or carried off, the loss shall
be charged to the seller, because he did not deliver
it after it had been sold by him.
* 7. When a man shows one thing, which is fault-
less (to the intending purchaser), and (afterwards)
delivers another thing to him, which has a blemish,
he shall be compelled to pay twice its value (to the
purchaser), and an equal amount as a fine.
* 8. So when a man sells something to one person,
and (afterwards) delivers it to another person, he
shall be compelled to pay twice its value (to the
purchaser), and a fine to the king.
* 9. When a purchaser does not accept an article
purchased by himself, which is delivered to him (by
the vendor), the vendor commits no wrong by selling
it to a different person.
*10. Thus has the rule been declared with regard
6. According to Czagannatha, this rule has reference to those
cases only where the purchaser has not formally asked for the
delivery of the property purchased by himself. He infers from a text
of Yag/zavalkyathat after a demand the loss shall fall on the vendor,
even though the property was injured in one of the modes men-
tioned by that authority, i.e. by force majeure. See Colebrooke’s
Digest, III, 3, 27. It is quite doubtful, however, whether the com-
piler of the Narada-smrz'ti had this distinction in view. Yagwavalkya
II, 256.
8. 9. Both he who shows unblemished goods, and sells blemished
goods afterwards, and he who sells property to one man and after-
wards sells the same property to another man, though the first sale
has not been rescinded by the purchaser, shall pay twice the value
of the property sold as a fine. Viramitrodaya, p. 440. Yag/z'a-
valkya II, 257.
9. Yagnavalkya II, 255.
10. Consequently, where there is no agreement as to the time of
NARADA.
VIII, 6.
profit arising from (dealing in) foreign countries shall
be macle over (as well).
* 6. If the article (sold) should have been injured,
or destroyed by fire, or carried off, the loss shall
be charged to the seller, because he did not deliver
it after it had been sold by him.
* 7. When a man shows one thing, which is fault-
less (to the intending purchaser), and (afterwards)
delivers another thing to him, which has a blemish,
he shall be compelled to pay twice its value (to the
purchaser), and an equal amount as a fine.
* 8. So when a man sells something to one person,
and (afterwards) delivers it to another person, he
shall be compelled to pay twice its value (to the
purchaser), and a fine to the king.
* 9. When a purchaser does not accept an article
purchased by himself, which is delivered to him (by
the vendor), the vendor commits no wrong by selling
it to a different person.
*10. Thus has the rule been declared with regard
6. According to Czagannatha, this rule has reference to those
cases only where the purchaser has not formally asked for the
delivery of the property purchased by himself. He infers from a text
of Yag/zavalkyathat after a demand the loss shall fall on the vendor,
even though the property was injured in one of the modes men-
tioned by that authority, i.e. by force majeure. See Colebrooke’s
Digest, III, 3, 27. It is quite doubtful, however, whether the com-
piler of the Narada-smrz'ti had this distinction in view. Yagwavalkya
II, 256.
8. 9. Both he who shows unblemished goods, and sells blemished
goods afterwards, and he who sells property to one man and after-
wards sells the same property to another man, though the first sale
has not been rescinded by the purchaser, shall pay twice the value
of the property sold as a fine. Viramitrodaya, p. 440. Yag/z'a-
valkya II, 257.
9. Yagnavalkya II, 255.
10. Consequently, where there is no agreement as to the time of