(M710) In later Babylonian times the phrase survived. The commissary acted
“with the hand” of his principal. We may take this to be the hand-sign, or
seal, representing written authority. It involved a reckoning with his
master, and naturally gave rise to a number of delicate questions. If a
man bought a house for another, having been commissioned so to do, his
principal must of course pay the price. But was he bound to accept his
agent’s selection? Could he not demur regarding the price? One of these
points at least was dealt with by the later Code. Law A deals with the man
who has concluded a purchase for another, without having a power of
attorney from him in a sealed deed. If he has had the deed made out in his
own name, he is the possessor. Of course, he can sell again to his
principal, but he could not do so at a profit. Nor is the principal under
any obligation to accept the purchase at the price the agent gave for it.
Actual examples are far from rare: A buys a field, crop, date-palms and
all, for C and D. This purchase was made on condition that all copies of
the transaction be destroyed. The condition was not observed, as we still
possess one of them. Later A received from C, one of his principals, about
half the price he had paid. But it does not appear that D ever paid his
share, and this is why the condition was not carried out. Presumably A and
C remained owners of the field.(770)
(M711) There is no limit to the varieties of agency or representative
action. At all periods we meet with a brother, usually the eldest, acting
for his other brothers. A brother acting with the hand of his brother also
occurs in the time of Evil Merodach.(771)
(M712) The power of attorney was also given to receive money and give a
receipt, under seal.(772) Again: A bought some slaves of B and paid in
full. B gave receipt for the money, but did not undertake to deliver the
slaves at A’s house. A can send a messenger or agent to take the slaves,
and B agrees to deliver them to such. Whatever is born or dies from among
the slaves is credited to A.(773)
XXIX. Accounts And Business Documents
(M713) There are lists which are not formal contracts, but may have been
used as legal evidence. The stewards of the great temples, of the palaces,
and even of wealthy men in business, kept most careful accounts. These
lists have some features peculiar to themselves and are not without
considerable interest.
Public-domain text, read in full here on John Shaqi.
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