[IDEM libro septimo digestorum. ] §18.5.10.prSeius a Lucio Titio emit fundum lege dicta, ut, si ad diem pecuniam non soluisset, res inempta fieret.
[THE SAME, in Book 7 of the Digests.] Seius bought a tract of land from Lucius Titius under the agreement that, if he did not pay the money by the appointed day, the sale should be cancelled.
Seius parte pretii praesenti die soluta, defuncto uenditore, filiis eius pupillaris aetatis et ipse tutor cum aliis datus, neque contutoribus pretium secundum legem numerauit nec rationibus tutelae rettulit: quaesitum est, an irrita emptio facta esset.
Seius, having paid a part of the price on the immediate day, upon the death of the seller, was himself appointed as tutor along with others for the seller's minor sons. He neither paid the price to his co-tutors according to the agreement, nor did he enter it in the accounts of the tutelage. The question was raised whether the purchase had become void.
respondit secundum ea quae proponerentur inemptam uideri.
He answered: according to the facts proposed, it appeared that the property was unbought.
§18.5.10.1Emptor praediorum cum suspicaretur Numeriam et Semproniam controuersiam moturas, pactus est cum uenditore, ut ex pretio aliqua summa apud se maneret, donec emptori fideiussor daretur a uenditore: postea uenditor eam legem inseruit, ut, si ex die pecunia omnis soluta non esset et uenditor ea praedia uenisse nollet, inuendita essent: interea de aduersariis alteram mulierem uenditor superauit, cum altera transegit, ita ut sine ulla quaestione emptor praedia possideret: quaesitum est, cum neque fideiussor datus est nec omnis pecunia secundum legem suis diebus soluta sit, an praedia inuendita sint.
A purchaser of estates, suspecting that Numeria and Sempronia would raise a controversy, agreed with the seller that a certain sum from the price should remain in his hands until a surety was provided to the purchaser by the seller. Afterwards, the seller inserted this clause: that if all the money was not paid by the appointed day and the seller did not wish those estates to remain sold, they should be unsold. In the meantime, the seller prevailed over one of the women who were his adversaries and settled with the other, so that the purchaser possessed the estates without any dispute. The question was raised, since neither was a surety provided nor was all the money paid on its appointed days according to the clause, whether the estates were unsold.
respondit, si conuenisset, ut non prius pecunia solueretur quam fideiussor uenditi causa daretur nec id factum esset, cum per emptorem non staret quo minus fieret, non posse posteriorem legis partem exerceri.
He answered: if it had been agreed that the money should not be paid before a surety was given on account of the sale, and this had not been done, and it was not due to any fault on the part of the purchaser that it was not done, the latter part of the clause could not be enforced.