Ad Dig. 3,5,10Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. II, § 258, Note 4; Bd. II, § 430, Note 5.Pomponius, On Quintus Mucius, Book XXI. If you transact the business of an absent party without his knowledge, you should be responsible both for negligence and fraud; but Proculus is of the opinion that you ought sometimes to be responsible for accidents, as for instance, where you attend to some new business in the name of the absent party which he was not in the habit of transacting, for example, by purchasing new slaves, or by engaging in some other enterprise, for if any loss to him resulted therefrom, you would be responsible; but any profit would belong to the absent party, and where profit accrued in some instances, and loss was sustained in others, the absent principal should set off the profit against the loss.

Pomponius, On Quintus Mucius, Book XXI. Unless you are holding the slave for sale, and would get a better price for him on account of his profession;

Pomponius, On Quintus Mucius, Book XXII. If I lend you a horse to be used for the purpose of travelling to a certain place, and, through no negligence on your part, the value of the horse is diminished by the journey, you will not be liable to an action on loan; but I, myself, was negligent because I lent for such a long journey a horse which could not endure the fatigue.

Pomponius, On Quintus Mucius, Book XXI. This, however, is understood to mean where an action is brought against a father-in-law, to recover a dowry which has been promised after the marriage has been dissolved. But if suit is brought to recover the dowry, during the continuance of the marriage, relief should be granted him, in order that he may not have judgment rendered against him for more than he is able to pay. 1With reference to what has been stated as to the case of partners, namely, that they can have judgment rendered against them to the extent of their pecuniary resources, the Prætor says in his Edict that he will act if proper cause is shown. This will take place to prevent relief being granted to anyone who denies that he is a partner, or who is liable on account of fraud.

Pomponius, On Quintus Mucius, Book XXI. If anyone who represented himself to be an agent should induce me to promise to pay either him or the person to whom he delegated me, I cannot bring an action for theft against him, as there is no object which can be handled with the intention of stealing it.