that he should not be held to warrant against defects. Property was not
transferred without actual delivery. When the sale was completed, all
the risks of the thing sold passed to the purchaser. In the case of
commodities sold by weight, number, or measure, the contract was not
completed until the goods were weighed, counted, or measured, which
sometimes caused considerable difficulty. After delivery, the seller was
bound to warrant the title to the buyer, and to indemnify him for any
loss. [Footnote: D. 22, 2. C. 8, 45.]

[Sidenote: Leases.]

[Sidenote: Agents and Partners.]

In regard to hiring, all sorts of things, which were the subject of
commerce, may be let for hire. Leases of land and houses come under this
head. They were generally given for five years, and unless there was an
express stipulation, the lessee might sublet to another. The lessor was
required to deliver the subject in a good state of repair, and maintain
it in that condition, and to guarantee its peaceable enjoyment; the
lessee was bound to use the subject well, to put it to no use except
that for which it was let, to preserve it in good condition, and restore
it at the end of the term. He was bound also to pay the rent at the
stipulated period, and when two years' rent were in arrear, the tenant
could be ejected. The tenant of a farm was entitled to a remission of
his rent if his crop was destroyed by an unforeseen accident or
calamity. A contractor who agreed to undertake a piece of work was
required to finish it in a proper manner, and if from negligence or
ignorance the work was defective, he was liable to damages. In a
partnership, if there were no express agreement, the shares of profit
and loss were divided equally. Each partner was bound to exercise the