[PAULUS libro trigesimo tertio ad edictum. ] §19.1.21.prSi sterilis ancilla sit, cuius partus uenit, uel maior annis quinquaginta, cum id emptor ignorauerit, ex empto tenetur uenditor. §19.1.21.1Si praedii uenditor non dicat de tributo sciens, tenetur ex empto: quod si ignorans non praedixerit, quod forte hereditarium praedium erat, non tenetur. §19.1.21.2Quamuis supra diximus, cum in corpore consentiamus, de qualitate autem dissentiamus, emptionem esse, tamen uenditor teneri debet, quanti interest non esse deceptum, etsi uenditor quoque nesciet: ueluti si mensas quasi citreas emat, quae non sunt. §19.1.21.3Cum per uenditorem steterit, quo minus rem tradat, omnis utilitas emptoris in aestimationem uenit, quae modo circa ipsam rem consistit: neque enim si potuit ex uino puta negotiari et lucrum facere, id aestimandum est, non magis quam si triticum emerit et ob eam rem, quod non sit traditum, familia eius fame laborauerit: nam pretium tritici, non seruorum fame necatorum consequitur.
[PAULUS, Edict, Book XXXIII.]\n If a female slave whose future offspring was sold is sterile, or is over fifty years of age, and the buyer was ignorant of this fact, the seller is liable under the action on purchase.\n If the seller of an estate, knowing of a tax on it, fails to declare it, he is liable under the action on purchase; but if, being ignorant of it, he did not declare it—because, perhaps, it was an inherited estate—he is not liable.\n Although we said above that, when we agree on the object itself but disagree on its quality, there is a purchase, nevertheless the seller ought to be held liable for the amount of the buyer's interest in not having been deceived, even if the seller also was ignorant; for instance, if one buys tables as if they were made of citrus wood, when they are not.\n When it is due to the seller that he does not deliver the thing, every interest of the buyer is included in the assessment, provided only that it relates to the thing itself. For example, if he could have traded in the wine and made a profit, this is not to be assessed, any more than if he had bought wheat and, because it was not delivered, his household suffered from hunger; for he recovers the price of the wheat, not the value of the slaves killed by hunger.
nec maior fit obligatio, quod tardius agitur, quamuis crescat, si uinum hodie pluris sit, merito, quia siue datum esset, haberem emptor, siue non, quoniam saltem hodie dandum est quod iam olim dari oportuit. §19.1.21.4Si tibi fundum uendidero, ut eum conductum certa summa haberem, ex uendito eo nomine mihi actio est, quasi in partem pretii ea res sit. §19.1.21.5Sed et si ita fundum tibi uendidero, ut nulli alii eum quam mihi uenderes, actio eo nomine ex uendito est, si alii uendideris. §19.1.21.6Qui domum uendebat, excepit sibi habitationem, donec uiueret, aut in singulos annos decem: emptor primo anno maluit decem praestare, secundo anno habitationem praestare.
Nor does the obligation become greater because the action is brought later, although the assessment increases if wine is worth more today, and rightly so; because whether it had been delivered, the buyer would have it, or if not, since at least today that must be given which ought to have been given long ago.\n If I sell you an estate on the condition that I should lease it from you for a certain sum, I have an action on sale on that account, as if this arrangement were part of the price.\n But also if I sell you an estate on the condition that you should sell it to no one else but me, I have an action on sale on that account if you sell it to another.\n A person selling a house reserved for himself the right of habitation for as long as he lived, or ten pieces of money annually; in the first year, the buyer preferred to pay the ten, and in the second year, to provide the habitation.
Trebatius ait mutandae uoluntatis potestatem eum habere singulisque annis alterutrum praestare posse et quamdiu paratus sit alterutrum praestare, petitionem non esse.
Trebatius says that the buyer has the power to change his mind and can perform either alternative each year, and as long as he is ready to perform either, there is no claim against him.