A26892:8912
A Christian Directory
A Christian directory, or, A sum of practical theology and cases of conscience directing Christians how to use their knowledge and faith, how to improve all helps and means, and to perform all duties, how to overcome temptations, and to escape or mortify every sin : in four parts ... / by Richard Baxter.A Christian directory, or, A summ of practical theologie and cases of conscience directing Christians how to use their knowledge and faith, how to improve all helps and means, and to perform all duties, how to overcome temptations, and to escape or mortifie every sin : in four parts ... / by Richard Baxter.
London: printed by Robert White for Nevill Simmons, 1673
Title page typeset from the transcription.
Modern spelling is a reading aid: the words are the author’s, only the spelling is modernized. Original shows the page as printed, with the transcription marks.
Answ. If the seller either knew it was bad, or through his notable negligence was ignorant of it, or did not fully acquaint the buyer with so much of the uncertainty and danger as he knew; or if it was any way his fault that the buyer was deceived, and not the buyers fault, he is bound to make him proportionable satisfaction. As also in case that by Law or bargain he be bound to warrant the title to the buyer. But not in case that it be their explicit or implicit agreement that the buyer stand to the hazard, and the seller hath done his duty to make him know whats doubtful.
Answ. If the seller either knew it was bad, or through his notable negligence was ignorant of it, or did not fully acquaint the buyer with so much of the uncertainty and danger as he knew; or if it was any way his fault that the buyer was deceived, and not the buyers fault, he is bound to make him proportionable satisfaction. As also in case that by Law or bargain he be bound to warrant the title to the buyer. But not in case that it be their explicite or implicite agreement that the buyer stand to the hazard, and the seller hath done his duty to make him know whats doubtful.
§. 21. Quest. 20. What if a change of Powers or Laws do overthrow the title, almost as soon as it is1 sold (as it oft falls out about Offices and Lands;) who must bear the loss?
- 1Quest. 20.
Answ. The case is near the same with that in Quest. 17. It is supposed that the seller should have lost it himself if he had kept it but a little longer; And that neither of them foresaw the change: And therefore that the seller hath all his money, rather for his good hap, than for his Lands or Office, (which the buyer hath not.) Therefore except it be to a rich man that feeleth not the loss, or one that expressly undertook to stand to all hazards, foreseeing a possibility of them; Charity and humanity, will teach the seller to divide the loss.