The Same, On Sabinus, Book XLV. Let us consider whether a surety would have a right of action in this instance, and it is certain that he has a right to bring one on the ground of the business transacted, unless he assumed the obligation entirely through generosity.

The Same, On Sabinus, Book XLV. If, however, he has obtained the penalty of the stipulation after the action on partnership has been brought, he will be entitled to that much less, as the penalty will be charged against him to the principal.

Ulpianus, On Sabinus, Book XLV. Notice to discontinue a new work is a proceeding in rem and not in personam. Therefore, it can be served upon an insane person, or an infant, and the authority of his guardian is not required.

Ulpianus, On Sabinus, Book XLV. It is settled that anyone who hides behind columns, in order to avoid his creditor, conceals himself. It is also held that he is concealing himself who goes into seclusion, that is to say, who secretes himself to avoid an action being brought against him. Such a person is he who leaves the city for the purpose of defrauding his creditors; for there is no difference, so far as concealing one’s self is concerned, whether a man leaves the city, or, remaining at Rome, does not appear in public.

The Same, On Sabinus, Book XLV. A surety can be taken in an action on mandate, or in one for business transacted, which I am about to bring against the person for whom I became surety. 1A surety is not only liable himself, but he also leaves his heir liable, because he occupies the position of a debtor.

Ulpianus, On Sabinus, Book XLV. A son under paternal control cannot release a debtor of his father against the latter’s consent, as he can acquire an obligation for him, but he cannot diminish one.

Ad Dig. 50,16,176ROHGE, Bd. 24 (1879), Nr. 20, S. 66: Begriff der Zahlung. Willensübereinstimmung.Ulpianus, On Sabinus, Book XLV. It has been established that every kind of satisfaction should be understood to be included in the term “payment.” We say that he has paid who has done what he promised to do.

Ad Dig. 50,17,34ROHGE, Bd. 7 (1873), S. 1: Contractsauslegung. Sprachgebrauch des Contracts und Erfüllungsortes.Ulpianus, On Sabinus, Book XLII. In all stipulations and other contracts, we follow the intention of the parties; and if it is not apparent what their intention was, we observe the custom of the place where the transaction was concluded. But what rule should be adopted if the custom of the place did not settle anything, because it varied? In this instance, the smallest amount should be exacted.