3.1.166 to 3.1.170

(142) Moreover, leasing and hiring are governed by similar rules, for, unless the amount paid is certain, the contract of leasing and hiring is not considered to have been concluded. (143) Hence, if the price is left to the judgment of another, for instance, at the amount that Titius may deem proper, the question arises whether the contract of leasing and hiring has been made. Therefore, if I give clothing to a fuller to be cleaned and taken care of, or to a tailor to be repaired, and the price was not stated at the time, but I was to pay the amount afterwards agreed upon between us, the question arises whether a contract for leasing and hiring has been entered into. (144) Likewise, if I lend an article to you to be used, and I receive, in turn, another article to be used by myself, the question arises whether a contract of leasing and hiring has been made. (145) Purchase and sale and leasing and hiring are considered to be so nearly related to one another that in certain cases the question arises whether the contract is one of purchase and sale, or one of leasing and hiring. For instance, if land is perpetually leased —which happens in the case of real property belonging to municipalities —under the condition that, as long as the rent is paid, neither the lessee nor his heir shall be deprived of the land; the better opinion is that this is a contract of leasing and hiring. (146) Again, if I deliver gladiators to you under the condition that twenty denarii shall be paid to me for the exertions of every one who issues safe and sound from the arena; and a thousand denarii for every one who is killed or disabled; the question arises whether a contract of purchase and sale, or one of leasing and hiring has been made. The better opinion is that, in the case of those who come forth safe and sound, a contract of leasing and hiring was concluded; but so far as those who have been killed or disabled are concerned the contract is one of purchase and sale, for it is apparent that the contract depends upon circumstances taking place as it were under a condition; a contract of sale or hiring having been entered into with reference to each gladiator, for there is no doubt now that property can be sold or leased conditionally.