Case 11. A Secret Commission

Titius, the captain of a ship, put into a certain port in England to obtain coal for the use of the ship. As soon as he entered the port, behold, a letter was sent to him containing ten pounds in banknotes from a certain coal merchant, who asked him to be willing to favor him, since he affirmed that he had the best coal and that it was to be sold at no greater than the usual price. Although Titius knew well that the money had not been given entirely gratuitously, indeed, that without doubt the price of the coal would thereby be increased in some way, nevertheless, because almost everyone acted thus, he accepted the money and signified that he would buy the coal from the merchant. But since he was a Catholic and was not free from every scruple concerning the money accepted, he went to confession and opened his conscience to the confessor. The latter, however, doubts whether Titius sinned by accepting the money, or whether and to whom he is bound to make restitution. Hence it is asked:

1. In a contract of buying and selling, what is a just price and how is it determined?

2. What are the obligations of an agent?

3. What is to be said of the case?

1. This first question is answered above, p. 304.

2. This question is answered on p. 309.

3. The case. The captain of a ship went to a certain port to coal. In port he received £10 in notes from a coal merchant asking for the privilege of supplying him with excellent coal at the usual prices. The captain knew that the money was not a pure gift and that somehow the coal merchant would take it out of the coals, but he accepted the money, as everybody else did the same, and asked the merchant to supply him with coals. However, he was not without scruples and mentioned the matter in his next confession.

Titius can perhaps be excused from a sin against justice. The merchant without doubt had a right to make a reasonable profit on the transaction, and if the £10 which he gave to Titius came out of that profit, and the coal supplied was not deficient in quality or quantity according to the ordinary standard, neither party committed sin, and Titius may keep his secret commission. Titius, however, by taking the money made it difficult for himself to insist on the proper quantity and quality of coal being supplied, and if in fact the coal was deficient in either way, both parties sinned against justice and are bound to make restitution to the owners of the ship who were defrauded.