[GAIUS libro secundo cottidianarum rerum. ] §18.6.16.prSi uina quae in doliis erunt uenierint eaque, antequam ab emptore tollerentur, sua natura corrupta fuerint, si quidem de bonitate eorum adfirmauit uenditor, tenebitur emptori: quod si nihil adfirmauit, emptoris erit periculum, quia siue non degustauit siue degustando male probauit, de se queri debet.
[GAIUS in the second book of Everyday Matters.] If wine which is in casks should be sold, and, before being removed by the buyer, should spoil by its own nature, if indeed the seller guaranteed its quality, he will be liable to the buyer. But if he guaranteed nothing, the risk will belong to the buyer, because whether he did not taste it or by tasting approved it poorly, he ought to complain of himself.
plane si, cum intellegeret uenditor non duraturam bonitatem eorum usque ad in eum diem quo tolli deberent, non admonuit emptorem, tenebitur ei, quanti eius interesset admonitum fuisse.
Clearly, if the seller, although he understood that their quality would not last until the day on which they ought to be removed, did not warn the buyer, he will be liable to him for the amount of his interest in having been warned.