The Same, On the Edict, Book LXXIV. Where anyone binds himself for a party who promises as follows, namely: “If I do not deliver Stichus, I will pay a hundred thousand sesterces,” and he purchases Stichus at a lower price and makes payment, in order that the stipulation for a hundred thousand sesterces, may not take effect; it is established that he can bring an action on mandate. It is, therefore, most convenient that the proper form should be observed in all cases of mandate, so that whenever the mandate is certain, its terms should not be violated; but when it is uncertain, or includes several alternatives, then, although its provisions may have been carried out by the performance of other acts than those prescribed by the mandate itself, still, if this was advantageous to the mandator, the action on mandate will lie.

The Same, On the Edict, Book LXXIV. Therefore, where the following is inserted into a will, “Let Stichus be free for ten years,” the addition of the term is superfluous.

The Same, On the Edict of the Prætor, Book LXXIV. There are four different kinds of obligations, for they are contracted with reference to a certain time, or under a certain condition, or with reference to a certain measure, or dependent upon certain results. 1There are two things to be taken into consideration with reference to time, for the obligation either begins or terminates at a certain date. It begins at a certain date, for instance, as follows, “Do you promise to pay me such-and-such a sum on the Kalends of March?” The nature of this obligation is that the amount cannot be collected before the specified time. When it is made within a certain time, for example, as follows, “Do you promise to pay me between now and the Kalends of March?” it is established that neither an obligation nor a legacy can be contracted for a time, since when anything begins to be due to another, it ceases to be due under certain circumstances. It is clear that a stipulator can be barred by an exception on the ground of his agreement, or on account of fraud, after the time has expired. Likewise, if anyone, while delivering a tract of land, should say that he conveys the soil without the building upon it, this will not prevent the building, which by nature is attached to the soil, from passing with it. 2A condition is effectual which was inserted in the obligation at the time when it was contracted, and not after it had been perfected; as, for instance, “Do you promise to pay me a hundred aurei if a ship does not arrive from Asia?” In this case, however, if the condition should be fulfilled, there would be ground for an exception based on an informal agreement, or on fraud. 3The measure of an obligation becomes apparent when we stipulate for ten aurei or a slave, as the delivery of either one of these disposes of the entire contract, and one of them cannot be demanded as long as both are in existence. 4The result of an obligation has reference to either a person or a thing; to a person where I stipulate that payment shall be made either to me or to Titius; to a thing where I stipulate than ten aurei shall be paid to me, or a slave shall be delivered to Titius; and, in this instance, the question arises whether, when the slave is delivered to Titius, he becomes free by operation of law. 5When I stipulate as follows, “If you do not give me such-and-such a tract of land, do you promise to pay me a hundred aurei?” only the sum of a hundred aurei is the object of the stipulation, but the transfer of the land is one way of discharging the obligation. 6If I stipulate for the building of a ship, and if you do not build it that you should pay me a hundred aurei, let us see whether or not there are two stipulations, one absolute, and the other conditional; and if the condition of the second one is fulfilled, whether it will not annul the first; or whether it will not incorporate it into itself, and become, as it were, a renewal of the first. The last is the better opinion.

The Same, On the Edict, Book LXXIV. If I stipulate for the construction of a house, and the time in which you could build it should elapse, so long as I do not bring the case into court, it is established that you will be released if you build the house. If, however, I have already brought suit, it will be of no advantage to you if you build it.

Paulus, On the Edict, Book LXXIV. If the plaintiff, after security has been furnished, but before issue has been joined, becomes the heir of the possessor, the stipulation will be extinguished.

Paulus, On the Edict, Book LXXIV. If a slave, who is sought to be recovered by a real action, dies, after issue has been joined, and the possessor then abandons the suit, some authorities hold that the sureties given for the payment of the judgment will not be liable, because the slave having died, the property is no longer in existence. This is false, as it is expedient that a decision should be rendered not only for the purpose of preserving the right of action in case of eviction, but also on account of the profits.