[IAUOLENUS libro secundo ex Plautio. ] §18.2.19.prFundo in diem addicto si postea pretium adiectum est et uenditor alio fundo applicito eum ipsum fundi posteriori emptori addixit et id sine dolo malo fecit, priori emptori obligatus non erit: nam quamuis non id tantum, quod in diem addictum erat, sed aliud quoque cum eo uenierit, tamen, si uenditor dolo caret, prioris emptoris causa absoluta est: id enim solum intuendum est, an priori uenditori bona fide facta sit adiectio.
[JAVOLENUS, On Plautius, book 2.] If, after a tract of land has been conditionally sold subject to a better offer by a certain day, a higher price is afterwards offered, and the seller, having added another tract of land, awards the land itself to the subsequent buyer, and does this without malicious intent, he will not be liable to the prior buyer. For although not only that which was conditionally sold but something else as well has been sold with it, nevertheless, if the seller is free from malicious intent, the prior buyer's case is discharged; for this alone is to be considered, whether the higher offer was made in good faith to the prior seller.