Digestorum libri
Ex libro XXVI
Celsus, Digest, Book XXVI. If I stipulate as follows, “Will you appear in court? And if you do not do so, will you deliver a centaur?” the stipulation will be the same as if I had merely promised to appear in court. 1Ad Dig. 45,1,97,1Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. II, § 361, Note 3.I can legally stipulate with you as follows: “Do you promise that you will pay in the name of Titius?” For this is not similar to the stipulation that “Titius will give something,” but under it I can bring an action, if I have any interest; and therefore if Titius is solvent, I can recover nothing under this stipulation, for what interest have I in inducing you to do something, while if you do not do it, I shall be equally sure of my money? 2“Do you promise to pay me ten aurei, if I marry you?” I think that, in this case, after proper cause has been shown, the action can be refused; still, there is not infrequently ground for a stipulation of this kind. The same rule applies where a husband stipulates with his wife in this way, when there is no reference to a dowry.