Contracts perfected by consent--_consenses_--had reference to sale, hiring, partnership, and mandate. All contracts of sale were good without writing. When an article was sold and delivered, the market price, as fixed by custom, determined the price, if nothing had been said about it. The seller was bound to warrant that the thing sold was free from defects, and when the subject did not answer this implied warranty, the sale might be set aside. But the seller could stipulate 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 same care for the joint concern as if it were his own. The acts of one partner were not binding on another, if he acted beyond the scope of the partnership. If one of the partners advanced money on account of the partnership, each of the partners were bound to contribute to the indemnity in proportion to his share of the concern; and if any of them became insolvent, the solvent shareholders were obliged to make up the deficiency. [Footnote: D. 17, 2, 67.] An agent could be employed to transact business for another, but was required to act strictly according to his orders, and the mandant, who gave the orders, was bound to ratify what was done by the mandatary, and to reimburse him for all