Ad Dig. 3,5,23Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. I, § 74, Note 4a; Bd. I, § 155, Note 9.The Same, On the Edict, Book XXIV. If I pay money to an agent, with the intention that it shall belong to my creditor, the ownership of the same is not acquired by the creditor through the agent; the creditor, however, can, by ratifying the act of the agent, make the money his own, even against my consent; for the reason that the agent in receiving it only attended to the business of the creditor, therefore, I am discharged from liability by the ratification of the creditor.

Paulus, On the Edict, Book XXIV. Or with reference to the breadth of a pathway, or as to a servitude calling for the insertion of timbers, or a projecting roof, when inquiry is made for this purpose, or where the measurement of a court-yard or of materials or stone is taken, and a false report given;

Paulus, On the Edict, Book XXIV. A person who is liable to an action for either injury, theft, or robbery, will be liable under a promise to pay.

Paulus, On the Edict, Book XXIV. Proceedings can be instituted against a curator, and one occupying the place of a guardian, even during the continuance of his administration.

Paulus, On the Edict, Book XXIV. A guardian who, on account of sickness, absence, or any other good reason, cannot authorize his ward to perform some act, will not be liable.

The Same, On the Edict, Book XXIV. If I have been forcibly ejected by you, and Titius has begun to possess the same property, I can institute proceedings under the interdict against no one but yourself.

Paulus, On the Edict, Book XXIV. Sometimes the performance of an absolute stipulation is delayed by the nature of the thing itself; for instance, where someone has stipulated with reference to an unborn child, or future crops, or a house which is to be constructed, for then the right of action arises whenever delivery can be made, according to the nature of the property. Again, if anyone stipulates for payment to be made at Carthage, while he is at Rome, the time is tacitly understood to be included which will be necessary to consume in order to go to Carthage. In like manner, if anyone stipulates with a freedman for his services, their time will not expire before they have been defined and not performed. 1When a slave belonging to an estate makes a stipulation it will have no force or effect, unless the estate has been entered upon, just as if it was made under a condition. The same rule applies to a slave who is in the hands of the enemy. 2The promisor of Stichus, by tendering him after being in default, purges himself of the default. For it is certain that an exception on the ground of fraud will bar anyone who refuses to receive money tendered him.

Paulus, On the Edict, Book XXIV. Where security is given that the property of a ward shall be safe, proceedings can be instituted under this stipulation whenever the action on guardianship can be brought.

Paulus, On the Edict, Book XXIV. The stipulation for the payment of a judgment becomes operative immediately after the decision is rendered; but the execution is postponed for the time granted to the principal debtor.

Paulus, On the Edict, Book XXIV. Less is understood to have been paid than is due, even when nothing at all has been paid.

Paulus, On the Edict, Book XXIV. The recovery of property is also included in the term “action.”