tions was just what Canius wanted. Would Pythius sell it? He might have any price he liked; and so on, and so on, until Pythius made pretence of reluctant consent. Naturally, Canius had not the money with him; but the astute Pythius knew very well that if he left the price standing until his guest had discovered the fraud, he would never have any chance of fingering it. So he produced his books and transcribed the debt at once: nomina facit, negotium conficit. He thereby made Canius his debtor, not for the price of a house and grounds, but for money booked against him, recoverable by an actio certai creditae pecuniae; and as the exceptio and actio doli had not yet been invented, there was no means by which Canius could plead the fraud as an equitable defence, or have reparation for the deceit of which he had been the victim.
