[ULPIANUS libro trigesimo secundo ad edictum. ] §19.1.13.19Ex uendito actio uenditori competit ad ea consequenda, quae ei ab emptore praestari oportet.
The action on sale lies for the seller to obtain those things which ought to be performed for him by the purchaser.
§19.1.13.20Ueniunt autem in hoc iudicium infra scripta. in primis pretium, quanti res uenit. item usurae pretii post diem traditionis: nam cum re emptor fruatur, aequissimum est eum usuras pretii pendere.
Moreover, the following things come into this trial: in the first place, the price at which the thing was sold; likewise, interest on the price after the day of delivery; for since the purchaser enjoys the thing, it is most equitable that he should pay interest on the price.
§19.1.13.21Possessionem autem traditam accipere debemus et si precaria sit possessio: hoc enim solum spectare debemus, an habeat facultatem fructus percipiendi.
Moreover, we must understand 'delivered possession' even if the possession is precarious; for we ought to consider this alone, whether he has the capacity of gathering the fruits.
§19.1.13.22Praeterea ex uendito agendo consequetur etiam sumptus, qui facti sunt in re distracta, ut puta si quid in aedificia distracta erogatum est: scribit enim Labeo et Trebatius esse ex uendito hoc nomine actionem.
Besides, by bringing the action on sale, he will also obtain the expenses which were incurred on the thing sold, for instance, if anything was spent on the buildings sold; for Labeo and Trebatius write that there is an action on sale under this head.
idem et si in aegri serui curationem impensum est ante traditionem aut si quid in disciplinas, quas uerisimile erat etiam emptorem uelle impendi.
The same also holds if an expense was incurred for the treatment of a sick slave before delivery, or if anything was spent on training which it was probable that the purchaser also would wish to be spent.
hoc amplius Labeo ait et si quid in funus mortui serui impensum sit, ex uendito consequi oportere, si modo sine culpa uenditoris mortem obierit.
In addition to this, Labeo says that if anything was spent on the funeral of a deceased slave, it ought to be recovered by the action on sale, provided only that the slave died without the fault of the seller.
§19.1.13.23Item si conuenerit, cum res ueniret, ut locuples ab emptore reus detur, ex uendito agi posse, ut id fiat.
Likewise, if it was agreed when the thing was sold that a solvent guarantor should be provided by the purchaser, an action on sale can be brought to effect this.
§19.1.13.24Si inter emptorem praediorum et uenditorem conuenisset, ut, si ea praedia emptor heresque eius pluris uendidisset, eius partem dimidiam uenditori praestaret et heres emptoris pluris ea praedia uendidisset, uenditorem ex uendito agendo partem eius, quo pluris uendidisset, consecuturum.
If it had been agreed between the purchaser of estates and the seller that, if the purchaser and his heir should sell those estates for more, he should make over half of the excess to the seller, and the heir of the purchaser has sold those estates for more, the seller, by bringing the action on sale, will obtain half of the amount by which he sold them for more.
§19.1.13.25Si procurator uendiderit et cauerit emptori, quaeritur, an domino uel aduersus dominum actio dari debeat.
If an agent has sold and given security to the purchaser, the question is asked whether an action ought to be granted to the principal or against the principal.
et Papinianus libro tertio responsorum putat cum domino ex empto agi posse utili actione ad exemplum institoriae actionis, si modo rem uendendam mandauit: ergo et per contrarium dicendum est utilem ex empto actionem domino competere.
And Papinian, in the third book of his Opinions, thinks that an action can be brought against the principal by a useful action on purchase after the model of the action against a business manager, provided only that he authorized the sale of the thing; therefore, also conversely, it must be said that a useful action on purchase lies for the principal.
§19.1.13.26Ibidem Papinianus respondisse se refert, si conuenerit, ut ad diem pretio non soluto uenditori duplum praestaretur, in fraudem constitutionum uideri adiectum, quod usuram legitimam excedit: diuersamque causam commissoriae esse ait, cum ea specie, inquit, non faenus illicitum contrahatur, sed lex contractui non improbata dicatur.
In the same place, Papinian reports that he replied that, if it was agreed that, if the price was not paid by the day, double should be made good to the seller, that which exceeds the lawful interest seems to be added in fraud of the constitutions; and he says that the case of a forfeiture clause is different, since in that case, he says, an illicit loan is not contracted, but a condition not disapproved is attached to the contract.
§19.1.13.27Si quis colludente procuratore meo ab eo emerit, an possit agere ex empto? et puto hactenus, ut aut stetur emptioni aut discedatur.
If anyone has purchased from my agent who was acting in collusion with him, can he bring the action on purchase? And I think only to the extent that either the purchase is stood by or it is departed from.
§19.1.13.28Sed et si quis minorem uiginti quinque annis circumuenerit, et huic hactenus dabimus actionem ex empto, ut diximus in superiore casu.
But also if anyone has circumvented a person under twenty-five years of age, we shall grant him the action on purchase only to the same extent as we said in the preceding case.
§19.1.13.29Si quis a pupillo sine tutoris auctoritate emerit, ex uno latere constat contractus: nam qui emit, obligatus est pupillo, pupillum sibi non obligat.
If anyone has purchased from a ward without the authority of the tutor, the contract is established on one side only; for he who purchases is bound to the ward, but does not bind the ward to himself.
§19.1.13.30Si uenditor habitationem exceperit, ut inquilino liceat habitare, uel colono ut perfrui liceat ad certum tempus, magis esse Seruius putabat ex uendito esse actionem: denique Tubero ait, si iste colonus damnum dederit, emptorem ex empto agentem cogere posse uenditorem, ut ex locato cum colono experiatur, ut quidquid fuerit consecutus, emptori reddat.
If the seller has excepted a habitation, so that a tenant is allowed to inhabit, or a tenant-farmer is allowed to enjoy for a certain time, Servius thought that the action on sale rather lies. Finally, Tubero says that, if that tenant-farmer has caused damage, the purchaser, by bringing the action on purchase, can compel the seller to sue the tenant-farmer on the lease, so that he may hand over to the purchaser whatever he has recovered.
§19.1.13.31Aedibus distractis uel legatis ea esse aedium solemus dicere, quae quasi pars aedium uel propter aedes habentur, ut puta putealia
When buildings are sold or bequeathed, we are accustomed to say that those things belong to the buildings which are held as if they were a part of the buildings or for the sake of the buildings, such as well-covers...