Zend Avesta Part 03

SR No.: 007673
Original Sutra Author: N/A
Author: L H Mills
Publisher: Oxford
Publication Year: 1887
Total Pages: 2618
Language: English
Classification: Book_English
File Size: 49 MB

Page 1341

148
NÂRADA.
VIII, 6.
profit arising from (dealing in) foreign countries shall be made 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 faultless (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 Gagannatha, 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 Yâgñavalkya that after a demand the loss shall fall on the vendor, even though the property was injured in one of the modes mentioned by that authority, i.e. by force majeure. See Colebrooke's Digest, III, 3, 27. It is quite doubtful, however, whether the compiler of the Nárada-smriti had this distinction in view. Yâgñavalkya II, 256.
8, 9. Both he who shows unblemished goods, and sells blemished goods afterwards, and he who sells property to one man and afterwards sells the same property to another man, though the first sale has not been rescinded by the purchaser, shall pay twice the value of the property sold as a fine. Vîramitrodaya, p. 440. Yâgîiavalkya II, 257.
9. Yâgñavalkya II, 255. 10. Consequently, where there is no agreement as to the time of
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