Pomponius, On Sabinus, Book XXVII. Where we give a mutuum, although we do not provide that what is equally good shall be returned to us, still it is not lawful for the debtor to restore an article of the same kind but which is inferior, for example, to return new wine instead of old; for in entering into a contract the intention of the parties must be considered equivalent to an express agreement, and in this instance the intention is understood to be that payment shall be made with an article of the same kind, and of the same quality as that which was loaned.

Pomponius, On Sabinus, Book XXVII. Where the vendor of an estate loses money belonging to the latter which he has collected, without being guilty of fraud or negligence, it is held that he will not be liable to the purchaser.

Pomponius, On Sabinus, Book XXVII. If you buy a female slave on condition that she shall not be prostituted, and if she is she shall become free, and you violate the condition of the sale, the slave will obtain her freedom, and you will be in the same position as if you had manumitted her, and therefore you will have no recourse against the vendor. 1Where proceedings have been instituted against me for the partition of property in a slave, and the latter is adjudged to my adversary for the reason that he proved that the said slave was held in common, I will be entitled to an action for double damages under the stipulation, because it makes no difference by what kind of a judgment eviction is obtained, if I have no right to the property. 2A stipulation for double damages does not merely include eviction where anyone claims and recovers the ownership of property, but also applies where proceedings are instituted under the Servian Action.

The Same, On Sabinus, Book XXVII. Hence doubt arises, if a portion of the house having been built it should afterwards be destroyed by fire, whether the entire time for rebuilding it should be computed, or whether only the remaining time should be taken into consideration. The better opinion is that the entire time for rebuilding it should be granted.

Pomponius, On Sabinus, Book XXVII. If my son stipulates for my slave, the acquisition is obtained for my benefit.

Pomponius, On Sabinus, Book XXVII. Where anyone stipulates for payment this year, or this month, he cannot properly bring suit until all of the year, or all of the month, has expired.

Pomponius, On Sabinus, Book XXVII. If anyone, who has promised Stichus, makes the following interrogation, “As I have promised Stichus, do you acknowledge the receipt of Stichus and Pamphilus?” I think that the receipt is valid, and that the mention of Pamphilus is merely superfluous; just as where a man who has promised ten aurei makes the following interrogation, “As I have promised you ten aurei, do you acknowledge the receipt of twenty?” he will be released from liability for ten.

Pomponius, On Sabinus, Book XXVII. It is culpable to interfere in something with which one has no concern.