[ULPIANUS libro uicesimo octauo ad Sabinum. ] §18.1.14.prQuid tamen dicemus, si in materia et qualitate ambo errarent? ut puta si et ego me uendere aurum putarem et tu emere, cum aes esset? ut puta coheredes uiriolam, quae aurea dicebatur, pretio exquisito uni heredi uendidissent eaque inuenta esset magna ex parte aenea? uenditionem esse constat ideo, quia auri aliquid habuit.
[ULPIAN, in the twenty-eighth book on Sabinus.] But what shall we say, if both were mistaken in the material and the quality? As for instance, if I too thought I was selling gold and you that you were buying it, when it was bronze? As for instance, if co-heirs had sold a bracelet, which was said to be of gold, for a carefully negotiated price to one of the heirs, and it was found to be for the most part of bronze? It is established that there is a sale, for the reason that it contained some gold.
nam si inauratum aliquid sit, licet ego aureum putem, ualet uenditio: si autem aes pro auro ueneat, non ualet.
For if something is gilded, although I think it is gold, the sale is valid; but if bronze is sold as gold, it is not valid.