gave generally a claim for rescission whenever the price was less than half the real value. This ground of rescission was later called laesio enormis, and many attempts were made to extend its application.
The contract of lease and hire is similar in many respects to that of purchase and sale. But the lessee, if evicted, has only his claim against the lessor on his covenant to guaranty quiet possession, and has no hold over the land, if sold by his lessor to another. In letting a farm the lessor was bound to put it in good repair and supply necessary stabling and plant: and, if landslip or earthquake or an army of locusts or other irresistible force does damage, the lessor has to remit proportionably the current rent. The like rules held of letting houses, except that plant was not provided. The lessee had a good claim/on the lessor for any necessary or useful additions or improvements, and usually could recover his expenditure or remove them. He was bound to maintain the leased property whether farm or house, and to treat it in a proper manner, cultivating the farm in the usual way. He could underlet within the limits of his term; and the law of the fifth century allowed either lessor or lessee to throw up the contract within the first year, without any penalty, unless such had been agreed on. The usual term of lease was five years, at least in Italy and Africa; in Egypt one or three years.
Contracts for building a house, carriage of goods, training of a slave, etc., come under this head, where the locator supplied the site or other material. The conductor, who performed the service, was liable for negligence.
Partnership is another contract founded on simple agreement, but also characterised, like the two last mentioned, by reciprocal services. It was in fact an agreement between two or more persons to carry on some business together for common account. The contributions of the members and their shares in the result were settled by agreement, and they were accountable to each other for gains and losses. Like other contracts it concerned only the partners: outsiders need know nothing of it; in any business with them only the acting partner or partners were responsible. A partner's heir did not become a partner, except by a new contract with common consent. A partnership came to an end by the death of a partner, or his retirement after due notice, or when the business or time agreed came to an end.
There was no free development of association into larger companies, without the express approval of the State. A company continues to exist irrespectively of the change or decease of the members, regulates its own membership and proceedings, has a common chest and a common representative, holds, acquires, and alienates its property as an individual. In Rome such corporate character and rights were only gradually granted and recognised, each particular privilege being conceded to this or that institution or class of institutions as occasion required.
Towns and other civil communities had common property and a
