[SCAEUOLA libro secundo responsorum. ] §18.3.6.prDe lege commissoria interrogatus ita respondit, si per emptorem factum sit, quo minus legi pareretur, et ea lege uti uenditor uelit, fundos inemptos fore et id, quod arrae uel alio nomine datum esset, apud uenditorem remansurum.
[SCAEVOLA, Responses, book 2.] Being consulted concerning the forfeiture clause (lex commissoria), he replied that if it were due to the buyer that the agreement was not complied with, and the seller wished to avail himself of that clause, the tracts of land would be unsold, and what had been given as earnest-money or under any other name would remain with the seller.
§18.3.6.1Idem respondit, si ex lege inempti sint fundi, nec id, quod accessurum dictum est, emptori deberi.
He also replied that if the tracts of land became unsold according to the clause, even that which was declared to be an accessory was not owed to the buyer.
§18.3.6.2Post diem lege commissoria comprehensum uenditor partem reliquae pecuniae accepit.
After the date included in the forfeiture clause, the seller accepted a part of the remaining money.
respondit, si post statutum diem reliquae pecuniae uenditor legem dictam non exercuisset et partem reliqui debiti accepisset, uideri recessum a commissoria.
He replied that if, after the appointed day for the remaining money, the seller had not enforced the declared clause and had accepted a part of the remaining debt, he was deemed to have receded from the forfeiture clause.