[ULPIANUS libro uicesimo octauo ad Sabinum. ] §18.6.1.prSi uinum uenditum acuerit uel quid aliud uitii sustinuerit, emptoris erit damnum, quemadmodum si uinum esset effusum uel uasis contusis uel qua alia ex causa.
[ULPIANUS, in Book 28 on Sabinus.] If sold wine should turn sour or suffer any other defect, the loss will be the purchaser's, just as if the wine had been spilled, either through the vessels being broken or from any other cause.
sed si uenditor se periculo subiecit, in id tempus periculum sustinebit, quoad se subiecit: quod si non designauit tempus, eatenus periculum sustinere debet, quoad degustetur uinum, uidelicet quasi tunc plenissime ueneat, cum fuerit degustatum.
But if the seller has taken the risk upon himself, he will bear the risk for such time as he has taken it upon himself. And if he has not specified the time, he must bear the risk until the wine is tasted, namely, as if the sale were then most fully completed when it has been tasted.
aut igitur conuenit, quoad periculum uini sustineat, et eatenus sustinebit, aut non conuenit et usque ad degustationem sustinebit.
Therefore, either there was an agreement as to how long he should bear the risk of the wine, and he will bear it to that extent, or there was no agreement, and he will bear it up to the tasting.
sed si nondum sunt degustata, signata tamen ab emptore uasa uel dolia, consequenter dicemus adhuc periculum esse uenditoris, nisi si aliud conuenit.
But if the wine has not yet been tasted, although the vessels or casks have been sealed by the purchaser, we must consequently say that the risk is still the seller's, unless there was some other agreement.
§18.6.1.1Sed et custodiam ad diem mensurae uenditor praestare debet: priusquam enim admetiatur uinum, prope quasi nondum uenit.
But the seller must also provide custody up to the day of measurement; for before the wine is measured, it is almost as if it has not yet been sold.
post mensuram factam uenditoris desinit esse periculum: et ante mensuram periculo liberatur, si non ad mensuram uendidit, sed forte amphoras uel etiam singula dolia.
After the measurement is made, the risk of the seller ceases; and even before measurement he is freed from risk if he did not sell by measure, but perhaps by amphorae or even by individual casks.
§18.6.1.2Si dolium signatum sit ab emptore, Trebatius ait traditum id uideri: Labeo contra, quod et uerum est: magis enim ne summutetur, signari solere, quam ut traditum uideatur.
If a cask is sealed by the purchaser, Trebatius says it appears to have been delivered. Labeo is of the contrary opinion, which is indeed true; for casks are usually sealed to prevent substitution, rather than to make it appear that they have been delivered.
§18.6.1.3Licet autem uenditori uel effundere uinum, si diem ad metiendum praestituit nec intra diem admensum est: effundere autem non statim poterit, priusquam testando denuntiet emptori, ut aut tollat uinum aut sciat futurum, ut uinum effunderetur.
Furthermore, the seller is permitted even to pour out the wine, if he appointed a day for measuring and it was not measured within that day; however, he cannot pour it out immediately before he gives notice to the purchaser by bringing witnesses, so that the purchaser may either take away the wine or know that the wine is going to be poured out.
si tamen, cum posset effundere, non effudit, laudandus est potius: ea propter mercedem quoque doliorum potest exigere, sed ita demum, si interfuit eius inania esse uasa in quibus uinum fuit (ueluti si locaturus ea fuisset) uel si necesse habuit alia conducere dolia.
If, however, when he could have poured it out, he did not do so, he is rather to be praised; therefore, he can also demand rent for the casks, but only if he had an interest in the vessels in which the wine was being empty (for instance, if he had been going to let them out) or if he was obliged to hire other casks.
commodius est autem conduci uasa nec reddi uinum, nisi quanti conduxerit ab emptore reddatur, aut uendere uinum bona fide: id est quantum sine ipsius incommodo fieri potest operam dare, ut quam minime detrimento sit ea res emptori.
But it is more convenient for vessels to be hired and the wine not to be returned unless what he paid for the hire is refunded by the purchaser, or to sell the wine in good faith; that is, to endeavor, so far as can be done without inconvenience to himself, that the matter should be of as little detriment as possible to the purchaser.
§18.6.1.4Si doliare uinum emeris nec de tradendo eo quicquam conuenerit, id uideri actum, ut ante euacuarentur quam ad uindemiam opera eorum futura sit necessaria: quod si non sint euacuata, faciendum, quod ueteres putauerunt, per corbem uenditorem mensuram facere et effundere: ueteres enim hoc propter mensuram suaserunt, si, quanta mensura esset, non appareat, uidelicet ut appareret, quantum emptori perierit.
If you buy wine in casks and nothing has been agreed upon as to its delivery, it appears to be understood that they should be emptied before their use becomes necessary for the vintage. But if they have not been emptied, that must be done which the ancient jurists thought, namely, that the seller should measure by basket and pour it out; for the ancients advised this on account of the measurement, if it did not appear how much the measure was, obviously so that it might appear how much had perished to the loss of the purchaser.