Celsus, Digest, Book VIII. When you sell a tract of land and do not state that it is in the very best possible condition, the opinion held by Quintus Mucius is correct, namely, that the vendor must deliver the property not free from all encumbrances, but as it was at the time. The same must be said to apply to urban estates.

Celsus, Digest, Book VIII. Where the vendor of a slave stated that his peculium consisted of ten aurei, that he would not deprive him of any of it, and that if it included more, he would surrender it all; if it is more than that, he must give it all, unless the intention was that he should only deliver the ten aurei; if it is less than that, he must pay the ten, and give a slave who is possessed of a peculium of that amount. 1Where the purchaser is to blame for the non-delivery of the slave to himself, Sextus Ælius and Drusus have stated that he can be compelled by arbitration to indemnify the vendor for the maintenance of the slave; and this opinion appears to me to be perfectly just. 2Firmus asked of Proculus whether the pipes which conduct water from a leaden reservoir under ground into a brazen vessel built around the sides of a house are to be considered part of the latter? Or are they to be considered as personal property, united and stationary, which do not belong to the house? He answered that the intention of the parties should be taken into account. But what if neither the purchaser nor the vendor had paid any attention to the subject, as very frequently occurs in cases of this kind? Would it not seem to be better if we should hold that what is inserted and enclosed in a building forms a portion of the same?

Celsus, Digest, Book VIII. For when common and ordinary causes of action are lacking, proceedings must be instituted under that available for the explanation of the terms of the contract.

The Same, Digest, Book VIII. No obligation is binding which is impossible.