[ULPIANUS libro uicensimo octauo ad Sabinum. ] §18.2.13.prQuod si uno pretio uendiderint, dicendum est totam priori emptam manere, quemadmodum si quis mihi totum fundum ad diem addixisset, postea uero pretio adiecto dimidium alii addixerit.
[ULPIANUS, On Sabinus, book 28.] But if they sold for a single price, it must be said that the whole remains purchased by the prior buyer, just as if someone had adjudged the whole estate to me subject to a better offer by a certain day, but afterwards, upon an increase in price, adjudged half of it to another.
Celsus quoque libro octauo digestorum refert Mucium Brutum Labeonem quod Sabinum existimare: ipse quoque Celsus idem probat et adicit mirari se a nemine animaduersum, quod si prior emptor ita contraxit, ut nisi totum, fundum emptum nollet habere, non habere eum eam partem emptam, quam unus ex sociis posteriori emptori addicere noluit.
Celsus also, in the eighth book of his Digests, reports that Mucius, Brutus, and Labeo held the same opinion as Sabinus; Celsus himself also approves of this and adds that he is surprised that no one noticed that, if the prior buyer contracted in such a way that he did not want to have the estate purchased unless he had the whole of it, he does not have as purchased even that part which one of the partners did not want to adjudge to the later buyer.
§18.2.13.1Uerum est autem uel unum ex uenditoribus posse meliorem adferre condicionem: emere enim cum tota re etiam nostram partem possumus.
Moreover, it is true that even one of the sellers can bring a better condition; for we can buy, along with the whole thing, even our own share.