but the buyer may proceed against the seller to compel him to make good what he  promised. 1Once a purchase and sale has been concluded, as was said above, the  risk attending the thing bought and sold2 both before delivery and after it, 3falls  generally upon him who has it in his possession, unless it is otherwise agreed at the  outset,4 for obviously he who has not yet delivered the thing to its buyer will still  himself be its owner, since by deliveries and usucapions etc.5[as above [in the portion]  on gifts,]6 as may [readily] be seen, as 7where a slave sold dies before delivery,  or a house is consumed by fire, or an estate is wholly or partially wasted or swept  away by the force of a stream8 and the like, for which reasons it seems that the  whole risk falls upon the seller. On the other hand, 9if after the purchase but before  livery there is some accretion to the land sold, by alluvion or other means,10 the  gain will belong to the seller. For gains ought to accrue to him upon whom burdens  fall and 11the profit to him who bears the risk.1213A purchase and sale may be  made conditionally as well as absolutely: under a condition, as if such a thing  meets with the approval of the buyer by a certain date it may be bought for so  many aurei,14 if it does not it may be returned. 15If one buys a sacred thing,  incapable of being sold, though the contract cannot stand let the buyer recover  damages from the seller for what he has lost by the fraud,16 despite the fact that a  buyer is held to know what and what sort of thing it is that he buys, whether sacred  or not, encumbered or not. 17The seller and his heirs are bound to warrant the thing  to the buyer and his heirs, whether it is a movable or an immovable,18 provided  that if it is an immovable it be done19 as will be explained below [in the portion]  on warranties;20 if a movable,21 as below [in the portion] on thefts.22
Of letting and hiring.
 23Letting and hiring very much resembles purchase and sale, for as a contract of  purchase and sale is concluded after the price is agreed upon, so it is with letting  and hiring.2425By a letting and hiring a thing is usually given either for use or  occupation, as where one lets his movable or immovable property to another for a  specified time in return for a certain payment; he who lets is bound to give up the  thing let for use and the hirer obliged to pay the hire.26 If an immovable thing,  such as a house or the like, is let and hired, all things brought or carried into it are  annexed as pledges,27 not only for the hire but for other things, 28so that the lessor  may be provided with security if no other provision was made at the outset.29  And what if nothing is found in houses let and hired? Recourse must be had to the  person of the hirers, if they can be found. If they cannot, the lessor can only blame  his own carelessness or inexperience in failing to make more careful provision for  himself. If, however, one is