Proculus, Epistles, Book VI. If, when you sell a tract of land, you state in the contract that whatever you collect from the lessee as rent, shall belong to the purchaser; I think that you should not only show good faith, but also exercise diligence in the collection of said rent; that is to say, that you shall not merely avoid all fraudulent intent but also all negligence. 1Some persons are accustomed to add these words, “The vendor is without fraudulent intent,” and, even if this is not added, there should be no fraudulent intent. 2The vendor is not held to be free from fraudulent intent if he performs any act, or anything is done, to prevent the purchaser from obtaining possession of the land. In this instance, therefore, an action on purchase can be brought, not to compel the vendor to deliver the mere possession, since it might happen for many reasons that he could not do so, but in order that, if he has been guilty, or is now guilty of bad faith, an appraisement of damages for the same may be made.

The Same, Epistles, Book VI. Sempronius Proculus to his grandson, Greeting. Two wills written at the same time by the same testator, one of which was a copy, as is usually the case, were produced. In one of said wills a hundred, and in the other fifty aurei were left to Titius. You ask whether he will be entitled to a hundred aurei, or only to fifty. Proculus answered, that in this instance, favor should be extended to the heir, and therefore as both legacies can, under no circumstances, be due, only fifty aurei are payable.

The Same, Epistles, Book VI. If I transfer to you a tract of land and say, “It is in the very best possible condition,” and then add, “It has not become any worse since I have acquired its ownership,” I will not be liable for anything else; for although it is stated in the first clause, “in the best possible condition,” this means that the land is free, and if the second part had not been added, I would be compelled to render it free; still, I think that I am sufficiently released by the second clause, because, so far as the rights attaching to the land are concerned, I am not obliged to guarantee anything more than that the title has not become any worse during my ownership.