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During the reign of Justinian, Cassius and Brutus concluded a contract of purchase and sale in terms of which Cassius sold six oxen, two ploughs and a wagon to Brutus. After paying the purchase price and receiving the agreed-upon goods, Brutus discovered that the animals were suffering from a lung disease that would cut short their lives and render them unfit for work and breeding purposes. To make matters worse, Stichus turned up at Brutus’s house and reclaimed the implements that Cassius had sold to Brutus, saying that they were his (Stichus’s) property. Stichus then claimed his implements from Brutus with the rei vindicatio

Was a valid contract of sale concluded between Cassius and Brutus?

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