[Footnote 64: Justinian (Institut. l. iii. tit. 23, and
Theophil. Vers. Graec. p. 677, 680) has commemorated this
weighty dispute, and the verses of Homer that were alleged
on either side as legal authorities. It was decided by
Paul, (leg. 33, ad Edict. in Pandect. l. xviii. tit. i. leg.
1,) since, in a simple exchange, the buyer could not be
discriminated from the seller.]