[NERATIUS libro quinto membranarum. ] §18.3.5.prLege fundo uendito dicta, ut, si intra certum tempus pretium solutum non sit, res inempta sit, de fructibus, quos interim emptor percepisset, hoc agi intellegendum est, ut emptor interim eos sibi suo quoque iure perciperet: sed si fundus reuenisset, Aristo existimabat uenditori de his iudicium in emptorem dandum esse, quia nihil penes eum residere oporteret ex re, in qua fidem fefellisset.
[NERATIUS, Membranes, book 5.] When a tract of land is sold with a clause declared that if the price is not paid within a certain time, the property shall be unsold, it is to be understood, concerning the fruits which the buyer had gathered in the meantime, that this was intended: that the buyer should in the meantime gather them for himself by his own right also. But if the land should return, Aristo was of the opinion that an action concerning these fruits should be given to the seller against the buyer, because nothing ought to remain in his possession from a matter in which he had broken faith.