Javolenus, On Cassius, Book VII. A person of this kind should bring all the amounts, large and small, together, and in that way ascertain the share to be paid by the party who received the mandate. Many authorities adopt this rule. 1In like manner, in the following instance, where I directed you to purchase something for me at a certain price, and you transacted the business profitably with reference to the other joint-owners, and made the purchase at a low figure, you will have for your share the amount of your interest, provided it is within the sum contained in the mandate; but what if the parties who held the land in common with you were compelled to dispose of it at a low price, either on account of the bad condition of their affairs, or for some other reason? You should not make the same sacrifice, nor should you profit by this circumstance, as a mandate ought to be gratuitous, nor should you be permitted, on this account, to prevent the sale, because you knew that the purchaser was more anxious to obtain the property than he was at the time he directed you to purchase it. 2If I should direct you to purchase for me a tract of land, which is sold by certain parties, in such a way, however, that I shall not be bound by the mandate unless you purchase the entire tract, and you are unable to purchase it all; you will be transacting your own business with reference to the shares you have bought, whether you have an interest in the land or not. The result will also be that he to whom a mandate of this kind has been given, will, in the meantime, purchase the different shares at his own risk, and, unless he buys them all, they will remain in his hands, even though he does not want them. It is more probable that, since a party can undertake the execution of a mandate attended with such inconveniences, and has done so voluntarily, he should discharge his duty by purchasing the different shares, just as he ought to do in purchasing all of them together. 3If I direct you to purchase a tract of land for me, and do not add that I shall not be liable under the mandate unless you buy it all, and you purchase one, or several portions of the same; we will then undoubtedly be entitled to actions on mandate against one another reciprocally, even though you could not purchase the remaining portions of the land.

Javolenus, On Cassius, Book VII. Where a master orders his slave to sell property to a certain person, and he sells it to another, the sale will not be valid. The same rule applies to a person who is free, since a sale cannot be made to a party to whom the owner was unwilling that the property should be sold. 1Where the contents of a tract of land have been described, it is superfluous to mention the boundaries of the adjacent tracts. If they are mentioned, it is also necessary to state the names of the vendors of the same, if any of them should happen to have adjoining land.

Ad Dig. 18,6,17ROHGE, Bd. 11 (1874), Nr. 97, S. 295: Folge des Annahmeverzuges des Frachtguts seitens des Empfängers. Befugnis des Frachtführers zum Verkaufe, nicht Verpflichtung.ROHGE, Bd. 13 (1874), Nr. 68, S. 207: Unterlassung von Schadensabwendungs-Maßregeln seitens des vertragstreuen Contrahenten.Javolenus, On Cassius, Book VII. Where the purchaser of a slave asks permission to hire him until he can pay his price, he will acquire nothing through the services of said slave, since he is not held to be delivered whose possession is retained by the vendor through hiring him. The purchaser will be responsible for the slave, where anything happens to him without the fraud of the vendor.

Javolenus, On Cassius, Book VII. Granaries, which are usually made of boards, belong to the building, if their foundations are in the earth; but if they are above ground, they should be classed as movable property. 1Tiles which have not yet been placed upon buildings, although they have been brought there for that purpose, are included in the class of personal property. A different rule applies to those which have been removed with the intention of being replaced, for they are accessories to the house.

Javolenus, On Cassius, Book VII. We can sometimes deliver to another the possession of property which we ourselves do not hold; as, for instance, when he who possesses an article as heir, and, before becoming the owner of the same, claims it under a precarious title from the real heir. 1Property which has been thrown overboard in a shipwreck cannot be acquired by usucaption, since it has not been abandoned, but merely lost. 2I think that the same rule of law applies to property which has been thrown into the sea to lighten the ship, as that cannot be considered as abandoned which has been temporarily relinquished on account of safety. 3When anyone claims the property of another by a precarious title, and leases it from him, possession of the same will revert to the owner.

Javolenus, On Cassius, Book VII. Property delivered as a legacy can be acquired by usucaption on this ground, even though the owner of it may be living,

Javolenus, On Cassius, Book VII. No one can acquire property by usucaption on account of a legacy, unless he himself had a right to make a will for the benefit of the testator, because possession of this kind depends upon testamentary capacity.