[ULPIANUS libro uicensimo octauo ad edictum. ] §14.3.1.prAequum praetori uisum est sicut commoda sentimus ex actu institorum, ita etiam obligari nos ex contractibus ipsorum et conueniri.
[ULPIANUS, from the twenty-eighth book on the Edict.] It seemed equitable to the praetor that, just as we receive benefits from the acts of managers, so we should also be bound by their contracts and be sued.
sed non idem facit circa eum qui institorem praeposuit, ut experiri possit: sed si quidem seruum proprium institorem habuit, potest esse securus adquisitis sibi actionibus: si autem uel alienum seruum uel etiam hominem liberum, actione deficietur: ipsum tamen institorem uel dominum eius conuenire poterit uel mandati uel negotiorum gestorum.
But he does not do the same in regard to him who has appointed a manager, so that he may bring an action; indeed, if he had his own slave as a manager, he can be secure because of the actions acquired for him; but if he had either another's slave or even a free man, he will lack an action; nevertheless, he will be able to sue the manager himself or his master either on the ground of mandate or of management of affairs.
Marcellus autem ait debere dari actionem ei qui institorem praeposuit in eos, qui cum eo contraxerint
Marcellus, however, says that an action ought to be given to him who appointed the manager against those who contracted with him.