[POMPONIUS libro nono ad Sabinum. ] §19.1.6.prTenetur ex empto uenditor, etiamsi ignorauerit minorem fundi modum esse.
[POMPONIUS, on Sabinus, Book 9] The seller is liable on the action on purchase, even if he did not know that the acreage of the land was smaller.
§19.1.6.1Si uendidi tibi insulam certa pecunia et ut aliam insulam meam reficeres, agam ex uendito, ut reficias: si autem hoc solum, ut reficeres eam, conuenisset, non intellegitur emptio et uenditio facta, ut et Neratius scripsit.
If I have sold you a building for a certain sum of money and on the condition that you repair another building of mine, I shall bring an action on sale against you to make you repair it; but if it had been agreed only that you should repair it, it is not understood that a purchase and sale has been made, as Neratius also wrote.
§19.1.6.2Sed si aream tibi uendidi certo pretio et tradidi, ita ut insula aedificata partem dimidiam mihi retradas, uerum est et ut aedifices agere me posse ex uendito et ut aedificatam mihi retradas: quamdiu enim aliquid ex re uendita apud te superesset, ex uendito me habere actionem constat.
But if I have sold and delivered a vacant lot to you for a certain price, on the condition that you return half of it to me after a building has been erected, it is true that I can bring an action on sale against you both to build and to return the erected building to me; for as long as anything from the sold property remains with you, it is established that I have an action on sale.
§19.1.6.3Si locum sepulchri emeris et propius eum locum, antequam mortuus ibi inferatur, aedificatum a uenditore fuerit, poteris ad eum reuerti.
If you have bought a burial site, and before a dead body is brought there, a building is erected by the seller nearer to that site, you can turn back against him.
§19.1.6.4Si uas aliquod mihi uendideris et dixeris certam mensuram capere uel certum pondus habere, ex empto tecum agam, si minus praestes.
If you have sold me a certain vessel and said that it holds a certain measure or has a certain weight, I shall bring an action on purchase against you if you perform less.
sed si uas mihi uendideris ita, ut adfirmares integrum, si id integrum non sit, etiam id, quod eo nomine perdiderim, praestabis mihi: si uero non id actum sit, ut integrum praestes, dolum malum dumtaxat praestare te debere.
But if you have sold me a vessel on the condition of affirming it to be intact, if it is not intact, you shall also make good to me what I have lost on that account; but if it was not agreed that you should perform it as intact, you ought to be liable only for fraud.
Labeo contra putat et illud solum obseruandum, ut, nisi in contrarium id actum sit, omnimodo integrum praestari debeat: et est uerum.
Labeo thinks to the contrary, and that only this is to be observed, that unless the contrary was agreed, an intact vessel must be performed in every way; and this is true.
quod et in locatis doliis praestandum Sabinum respondisse Minicius refert.
Minicius reports that Sabinus answered that this must also be performed in the case of leased jars.
§19.1.6.5Si tibi iter uendidero, ita demum auctorem me laudare poteris, si tuus fuerit fundus, cui adquirere seruitutem uolueris: iniquum est enim me teneri, si propter hoc adquirere seruitutem non potueris, quia dominus uicini fundi non fueris.
If I have sold you a right of way, you can name me as warrantor only if the land for which you wished to acquire the servitude was yours; for it is unfair that I should be held liable if you could not acquire the servitude on this account because you were not the owner of the neighboring land.
§19.1.6.6Sed si fundum tibi uendidero et ei fundo iter accessurum dixero, omnimodo tenebor itineris nomine, quia utriusque rei quasi unus uenditor obligatus sum.
But if I have sold you a land and said that a right of way would be annexed to that land, I shall be held liable in every way under the name of the right of way, because I am bound as if a single seller of both things.
§19.1.6.7Si filius familias rem uendiderit mihi et tradiderit, sic ut pater familias tenebitur.
If a son in power has sold and delivered a thing to me, he shall be held liable just as a head of household.
§19.1.6.8Si dolo malo aliquid fecit uenditor in re uendita, ex empto eo nomine actio emptori competit: nam et dolum malum eo iudicio aestimari oportet, ut id, quod praestaturum se esse pollicitus sit uenditor emptori, praestari oporteat.
If the seller has done anything in bad faith regarding the sold property, an action on purchase is available to the buyer on that account; for bad faith also ought to be assessed in that judgment, so that what the seller promised he would make good to the buyer must be performed.
§19.1.6.9Si uenditor sciens obligatum aut alienum uendidisset et adiectum sit 'neue eo nomine quid praestaret', aestimari oportet dolum malum eius, quem semper abesse oportet in iudicio empti, quod bonae fidei sit.
If the seller, knowing that it was encumbered or belonged to another, had sold it, and it was added "and that he should not make anything good on that account," his bad faith must be assessed, which ought always to be absent in an action on purchase, since it is of good faith.