[ULPIANUS libro trigensimo primo ad edictum. ] §17.1.16.prSi quis mihi mandauerit in meo aliquid facere et fecero, quaesitum est, an sit mandati actio.
[ULPIANUS in his thirty-first book on the Edict.] If anyone should mandate me to do something on my own property and I have done it, it has been questioned whether there is an action on mandate.
et ait Celsus libro septimo digestorum hoc respondisse se, cum Aurelius Quietus hospiti suo medico mandasse diceretur, ut in hortis eius quos Rauennae habebat, in quos omnibus annis secedere solebat, sphaeristerium et hypocausta et quaedam ipsius ualetudini apta sua inpensa faceret: deducto igitur, quanto sua aedificia pretiosiora fecisset, quod amplius impendisset posse eum mandati iudicio persequi.
And Celsus says in the seventh book of his Digests that he gave this answer, when Aurelius Quietus was said to have mandated his host, a doctor, to build at his own expense, in the host's gardens which he had at Ravenna, into which Quietus was accustomed to retire every year, a ball-court and hot-baths and certain things suitable for his own health: therefore, after deducting how much more valuable he had made his own buildings, he could sue by an action on mandate for what he had spent in excess.