3.1.171 to 3.1.173

(147) Likewise, where it is agreed upon between a goldsmith and myself that he shall make me a number of rings of a certain weight and style out of his own gold, and shall receive, for example, two hundred denarii; the question arises whether a contract of purchase and sale, or one of leasing and hiring is made. Cassius says that the material is the object of purchase and sale, but that the labor depends upon a contract of leasing and hiring; still, the greater number of authorities are of the opinion that the contract is one of purchase and sale. But if I furnish him with my own gold, and the price of the work is agreed upon, it is settled that the contract is one of leasing and hiring. (148) We are accustomed to form a partnership either of all the property of the partners, or with reference to one certain business, for example, the purchase and sale of slaves. (149) An important discussion arose, however, as to whether a partnership could be formed in such a way that one partner would have a greater share in the profits and be liable for a smaller amount of the losses. Quintus Mucius held that this was contrary to the nature of a partnership, but Servius Sulpicius, whose opinion has prevailed, thought that a partnership could be formed in such a way that one of the partners should not be liable for any of the losses, and be entitled to a part of the profits, provided that his services were so valuable as to make it just for him to be admitted into the partnership under such an agreement. For it is settled that a partnership can be formed in such a way that one partner shall furnish all the money and that the other shall not furnish any, and the profits nevertheless be equally divided among them; for frequently the services of a person are worth as much as money.