[PAULUS libro quinto ad Sabinum. ] §19.1.4.prSi seruum mihi ignoranti, sciens furem uel noxium esse, uendideris, quamuis duplam promiseris, teneris mihi ex empto, quanti mea intererit scisse, quia ex stipulatu eo nomine agere tecum non possum antequam mihi quid abesset.
[PAULUS, on Sabinus, Book 5] If you, knowing a slave to be a thief or to have committed a wrong, have sold him to me who was ignorant of it, even though you have promised double the price, you are liable to me under the action on purchase for the amount of my interest in having known this; because I cannot sue you on the stipulation under that name before some loss has occurred to me.
§19.1.4.1Si modus agri minor inueniatur, pro numero iugerum auctor obligatus est, quia, ubi modus minor inuenitur, non potest aestimari bonitas loci qui non exstat.
If the measure of the land is found to be smaller, the seller is bound according to the number of jugera, because, where a smaller measure is found, the quality of a place which does not exist cannot be assessed.
sed non solum si modus agri totius minor est, agi cum uenditore potest, sed etiam de partibus eius, ut puta si dictum est uineae iugera tot esse uel oliueti et minus inueniatur: ideoque his casibus pro bonitate loci fiet aestimatio.
But an action can be brought against the seller not only if the measure of the whole land is smaller, but also concerning its parts, as for instance if it was stated that there were so many jugera of vineyard or of olive grove, and less is found; and therefore in these cases the assessment will be made according to the quality of the place.