[SCAEUOLA libro septimo digestorum. ] §18.3.8.prMulier fundos Gaio Seio uendidit et acceptis arrae nomine certis pecuniis statuta sunt tempora solutioni reliquae pecuniae: quibus si non paruisset emptor, pactus est, ut arram perderet et inemptae uillae essent.
[SCAEVOLA, Digests, book 7.] A woman sold certain lands to Gaius Seius, and, having received a certain sum of money by way of earnest, terms were fixed for the payment of the remaining money; and it was agreed that if the buyer did not comply with these, he should lose the earnest and the villas should be as if unsold.
die statuto emptor testatus est se pecuniam omnem reliquam paratum fuisse exsoluere (et sacculum cum pecunia signatorum signis obsignauit), defuisse autem uenditricem, posteriore autem die nomine fisci testato conuentum emptorem, ne ante mulieri pecuniam exsolueret quam fisco satisfaceret.
On the appointed day, the buyer formally declared that he had been ready to pay all the remaining money (and he sealed up the bag containing the money with the seals of witnesses), but that the female seller had failed to appear; and that on the following day, he had been formally warned in the name of the treasury not to pay the money to the woman before he had satisfied the treasury.
quaesitum est, an fundi non sint in ea causa, ut a uenditrice uindicari debeant ex conuentione uenditoris.
The question was raised whether the lands were not in such a position that they ought to be recovered by the female seller under the agreement of the seller.
respondit secundum ea quae proponerentur non commisisse in legem uenditionis emptorem.
He answered that, according to the facts presented, the buyer had not violated the condition of the sale.