BOOK III. Pt. I. Ch. II. tiavit pertinebit, commodum autem communicare cogetur actione pro socio.-Labeo autem scripsit, si renuntiaverit societati unus ex sociis eo tempore, quo interfuit socii non dirimi societatem, committere eum in pro socio actionem: nam si emimus mancipia inita societate, deinde renunties. mihi eo tempore, quo vendere mancipia non expedit, . . . teneri te pro socio iudicio.-1. 65, §§ 3, 5, D. h. t.' (2) By death. Solvitur adhuc societas etiam morte socii, quia qui societatem contrahit, certam personam sibi elegit; sed et si consensu plurium societas coita sit, morte unius solvitur, etsi plures supersint: nisi si in coeunda societate aliter convenerit.§ 5, I. h. t.2 Ulp. In heredem quoque socii pro socio actio 1 We have said that partnership is dissolved by agreement; that is, if all are agreed. What, then, if one renounce ? Cass. writes that he who has renounced the partnership discharges his colleagues from obligation towards himself, but is not himself discharged by them. And this is always to be noted, if the renunciation has been made fraudulently, for example, if when we had entered into partnership of all property, afterwards, upon an inheritance devolving upon one, he renounced because of it. And accordingly, if the inheritance have in fact brought loss, this will attach to him that has renounced, but by the partnership action he will be compelled to make a gain partnership property.-Now Labeo has written, if one of the partners has renounced the partnership at a time when it was to their advantage that his partnership should not be determined, he is liable to the partnership action; for if we have bought slaves upon entering into partnership, and you afterwards renounce the partnership with me at a time when it is not of advantage to sell slaves, you are liable to the partnership action. 2 A partnership is, further, dissolved by the death also of a partner, because he that contracts a partnership selects a particular person as his partner; but even if the partnership has been created by the consent of several, it is dissolved by the death of a single partner, although several survive, unless there was an agreement to the contrary upon the creation of the partnership. competit, quamvis heres socius non sit.-1. 63, Paul.quod ex re communi postea quaesitum (3) Or capitis diminutio (maxima and media). Societas quemadmodum ad heredes socii non transit, ita nec adrogatorem, ne alioquin invitus quis socius efficiatur, cui non vult; ipse autem adrogatus socius permanet: nam et si filiusfamilias emancipatus fuerit, permanebit socius.Ibid. § 11.3 (4) By bankruptcy of a socius. Item bonis a creditoribus venditis unius socii distrahi societatem Labeo ait.-Ibid. § 1. BOOK III. Since partnership as an obligatory relation only concerns the partners-in contrast with a corporation a a § 68. -it has no influence whatever upon the position under Private Law of the individual partner towards third parties, so that the legal effect of transactions concluded for the partnership operates directly in favour of the individual partner; and there is no jural distinction made between partnership and private claims or debts of the individual partners upon or to third parties. 1 The partnership action is available against the heir also of a partner, although the heir is not a partner. 2 that which has been subsequently acquired from joint property, and fraud and negligence in respect of that which depends upon a previous transaction, must be made good as well by the heir as for him. 3 Just as a partnership does not pass to the heirs of the partner, so also neither to an arrogator, lest a man against his will be made a partner of one not wishing it; but the person arrogated himself remains partner; for even if a fil. fam. shall be emancipated, he remains partner. Likewise Labeo says that if the property of one partner has been sold by the creditors, the partnership is dissolved. ¿Cf. Hunter, p. 521. BOOK III. Pt. I. Ch. II. a Bell, s. v. $ 125. MANDATE.a MANDATUM is the contract by which some one (Mandatory, procurator) undertakes a commission for the gratuitous management of a lawful businesswhether the performance of work or service, adminisSee the lead-tration, or legal transaction. ing case of Coggs r. Bernard. Paul. Mandatum, nisi gratuitum, nullum est, nam originem ex officio atque amicitia trahit, contrarium ergo est officio merces: interveniente enim pecunia res ad locationem et conductionem potius respicit.-Si remunerandi gratia honor intervenit, erit mandati actio.-1. 1, § 4, 1. 6 pr., D. h. t. (mand. 17, 1).1 Quibus casibus sine mercede suscepto officio mandati aut depositi contrahitur negotium, his casibus interveniente mercede locatio et conductio contrahi intelligitur: et ideo si fulloni polienda curandave vestimenta dederis aut sarcinatori sarcienda nulla mercede constituta neque promissa, mandati competit actio.-§ ult. I. h. t. 3, 26. Gai. Mandatum inter nos contrahitur, sive mea tantum gratia tibi mandem, sive aliena tantum, sive mea et aliena, sive mea et tua, sive tua et aliena. § Mea tantum gratia intervenit mandatum, veluti si tibi mandem, ut negotia mea geras, vel ut fundum mihi emeres, vel ut pro me fideiubeas. § Aliena 1 A mandate is nothing save as gratuitous, for it originates in kindness and friendship: a reward is, accordingly, inconsistent with kindness, for when money comes in, the transaction contemplates rather a letting and hiring.-If an honorarium obtains by way of reward, an action of mandate will lie. 2 " In all cases in which upon a service being undertaken without reward a contract exists of commission or deposit, in such cases, when remuneration does obtain, the contract is understood to be of letting and hiring. If therefore one have given to a fuller clothes to clean or look after, or to a tailor to repair, without fixing or promising remuneration, an action of mandate is available. BOOK III. Pt. 1. Ch. II. tantum, veluti si tibi mandem, ut Titii negotia gereres, vel ut fundum ei emeres, vel ut pro eo fideiubeas. Tua autem gratia intervenit mandatum, veluti si mandem tibi, ut pecunias tuas. potius in emptiones praediorum colloces quam foeneres, vel ex diverso . . . : cuius generis mandatum magis consilium est quam mandatum et ob id non est obligatorium, quia nemo ex consilio obligatur.-1. 2 pr., §§ 1, 2, 6, D. h. t.' A special kind of mandate is the so-called 'mandatum credendi s. qualificatum,' containing a guaranty; a a § 118. that is, the commission to give credit to another. Tua et aliena, veluti si tibi mandem, ut Titio sub usuris crederes: quodsi, ut sine usuris crederes, aliena tantum gratia intervenit mandatum. -Ib. § 5.2 Ulp. Si, ut expectares nec urgeres debitorem ad solutionem, mandavero tibi, ut ei des intervallum, periculoque meo pecuniam fore dicam, verum puto omne nominis periculum debere ad mandatorem pertinere.-1. 12, § 14 eod.3 1 A mandate is contracted between us, whether I give you a commission on my behalf merely, or on that of a stranger alone, or on my own and a stranger's, or on my own and yours, or on yours and a stranger's. . . . § A mandate is alone on my behalf when, for example, I commission you to conduct my business, or to buy land for me, or to be surety for me. § It is only on behalf of a stranger when, for example, I commission you to conduct the business of Tit., or to buy land for him, or to be his surety. But it is on your behalf when, for example, I commission you to invest your money in the purchase of land rather than to lend it at interest, or conversely . . .: a commission of this kind is rather advice than a commission, and therefore creates no obligation, because no one is responsible for advice. 2 It is on your behalf and a stranger when, for example, I commission you to lend to Tit. at interest; but if it be to lend without interest, the commission is on your behalf alone. 3 If I have commissioned you to wait and not press the debtor for payment, so as to give him a respite, and I state that the money shall be at my risk, I am of opinion that it is correct that the risk of the money should fall to me as mandator. Iul. Si mandatu meo Titio decem credideris et mecum mandati egeris, non liberabitur Titius; . . . item si cum Titio egeris, ego non liberabor. —D. 46, 1, 13.1 If the commission comprehends representation of the Mandant' for proprietary matters in general, or for a single legal act, we speak of authorisation. The Mandant is called the dominus,' the other party, the 'procurator omnium rerum, vel unius rei.' a Id.: Procurator est, qui aliena negotia mandatu domini administrat.-Procurator autem vel omnium rerum vel unius rei esse potest.-1. I pr., § 1, D. de proc. 3, 3.2 From the mandatum arise the following claims and liabilities, which are made operative by the actio mandati,' involving infamia. (1) The mandatory is under obligation to execute the business he has undertaken, in doing so to keep strictly within the limits of the commission, and to put forth omnis diligentia, as well as to render an account and hand over to the mandant all that comes to his hands in consequence of the commission for this there lies the actio mandati directa.' Paul. Voluntatis est enim suscipere mandatum, necessitatis consummare (D. 13, 6, 17, 3). -Gai. Qui mandatum suscepit, si potest id explere, deserere promissum officium non debet: alioquin, quanti mandatoris interest, damnabitur. -1. 27, §2, D. h. t.3 1 If you upon my commission have lent Titius ten [aurei], and shall have sued me by the action of mandate, Tit. will not be discharged; . . . and so if you shall sue Tit., I shall not be discharged. A procurator is one that manages the affairs of another upon the commission of the principal. -Now there can be a procurator either of all one's affairs or of a single matter. 3 For it is a matter of good-will to undertake a mandate, and of necessity to carry it out.-A person that has undertaken a |