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undertook to procure the items requested and deliver them within
a fixed term. For example, in AASOR 16 95: 3–9, PN declares: “I
have received 60 shekels of silver belonging to PN 2 as purchase price
of one slave girl. And PN will deliver to PN 2 one fine and select
slave girl from the country GN by the end of the month MN.” Note
the penalty for late delivery of the item purchased: “If (PN) does
not deliver the slave-girl on the above-mentioned day, he shall pay
(as penalty) one mina of copper for each day (beyond) the deadline”
(ll. 10–13).^1357.1.4 A common feature of sale contracts of slaves is the clear title
clause: if the person sold to the buyer becomes the object of an
actionable claim, the seller will clear (zakû) him and put him at the
seller’s full disposal.^136 Another recurrent feature of sale documents
is the breach of contract clause, which is also found in many other
Nuzi transactions. Penalties for default consisted of given amounts
of silver (and gold) payable by the party who failed to fulfill the
terms of the agreement (nabalkutu).7.2 Exchange
7.2.1 Contracts of exchange (“upe""ultu) are frequently attested.^137
Real property (fields, plots of land, orchards, houses, and buildings)
was the main object of these transactions but exchange of movable
goods, such as slaves and horses, is also attested in a few cases.^138
The standard elements of “upe""ultucontracts include a description of
the property (e.g., quantity, kind, location) transferred, and clear title
and breach of contract clauses.7.2.2 In a number of contracts an additional payment in kind
(uti/utari) by one of the parties is recorded.^139 A precise relationship(^135) Cf. SCCNH 1 (1981), 411 and 383 (YBC 5143): 1–7: “PN, merchant, has
taken 30 shekels of silver belonging to PN 2 , and PN will deliver to PN 2 a young
male or female slave (at least) 2 ½forearms (= cubits) and 4 fingers tall, accord-
ing to the forearm (= cubit) of PN, by the end of the month MN.”
(^136) The clear title clause is by no means limited to sale contracts. It often occurs
in transactions of various kinds concerned with the transfer of real estate or of
persons.
(^137) Cf. Andrews, The “upe""ultu‘Exchange’...
(^138) Ibid., 35 and 37 (tables 2 and 3).
(^139) Ibid., 151–69.
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