These conditions having been complied with, the seller
had to answer for his being the owner, and in addition seller and
purchaser had to fulfil every stipulation specially agreed on; the
party failing to do so made reparation to the other, just as if he
had deprived him of the article in question.
But a purchase only
founded an action in the event of its being a transaction for
ready money: a purchase on credit neither gave nor took away the
right of property, and constituted no ground of action. A loan
was negotiated in a similar way; the creditor weighed over to the
debtor in presence of witnesses the stipulated quantity of copper
under the obligation (-nexum-) of repayment.
In addition to
the capital the debtor had to pay interest, which under ordinary
circumstances probably amounted to ten per cent per annum.(5) The
repayment of the loan took place, when the time came, with similar
5. Viz. for the year of ten months one twelfth part of the capital
(-uncia-), which amounts to 8 1/3 per cent for the year of ten,
and 10 per cent for the fear of twelve, months.