[GAIUS libro nono ad edictum prouinciale. ] §13.3.4.prSi merx aliqua, quae certo die dari debebat, petita sit, ueluti uinum oleum frumentum, tanti litem aestimandam Cassius ait, quanti fuisset eo die, quo dari debuit: si de die nihil conuenit, quanti tunc, cum iudicium acciperetur.
[GAIUS, On the Provincial Edict, Book IX] If any commodity which ought to have been delivered on a certain day is claimed, such as wine, oil, or grain, Cassius says that the damages in the action should be assessed at the value it would have had on the day on which it ought to have been delivered; but if nothing was agreed upon as to the day, at its value at the time when the joinder of issue took place.
idemque iuris in loco esse, ut primum aestimatio sumatur eius loci, quo dari debuit, si de loco nihil conuenit, is locus spectetur, quo peteretur.
He also says that the same rule of law applies to the place: so that, in the first instance, the valuation is to be taken of that place where delivery ought to have been made; and if nothing was agreed upon as to the place, that place should be looked to where the action was brought.
quod et de ceteris rebus iuris est.
This is also the rule of law regarding all other things.