Ad Dig. 19,1,9ROHGE, Bd. 7 (1873), S. 356: Klagerecht des Empfängers einer in Erwartung eines Kaufabschlusses übersandten Waare auf Wiederabnahme der Waare.Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. II, § 347, Note 1.Pomponius, On Sabinus, Book XX. If he who purchased stones on a tract of land refuses to remove them, an action on sale can be brought against him to compel him to do so.

Pomponius, On Sabinus, Book XX. After the sale and transfer of land which has been injured, before judgment has been rendered in an action of this kind, the vendor can still obtain damages under the judgment; not because he has sustained any injury, but because the property has been damaged, and he must pay anything which he may recover to the purchaser. If, however, the party who was sued should sell the land before any damage was done, suit must either immediately be brought against the purchaser, or within a year against the person who sold the land, if he did so for the purpose of avoiding a judgment.

Pomponius, On Sabinus, Book XX. If I stipulate for what is already due to me under a stipulation, and the promisor can protect himself against this stipulation by pleading an exception, he will be bound by the subsequent agreement, because the first one is rendered of no effect by pleading the exception.

Pomponius, On Sabinus, Book XX. Where several persons have cut down the same tree by stealth, the action can be brought against each one of them for the entire amount. 1When, however, the same tree belongs to several persons, the penalty can only be collected once by all of them together. 2Where a tree has extended its roots into the soil of a neighbor, the latter cannot cut them off, but he can bring an action to show that the tree does not belong to him; just as he can do if a beam, or a projecting roof extends over his premises. When a tree is nourished by roots in the soil of a neighbor it, nevertheless, belongs to him from whose land it derives its origin.