[GAIUS libro nono ad edictum prouinciale. ] §13.4.1.prAlio loco, quam in quem sibi dari quisque stipulatus esset, non uidebatur agendi facultas competere.
[GAIUS, from the ninth book on the provincial edict.] It was not considered that the power of bringing an action was available in any other place than that in which each person had stipulated for something to be given to him.
sed quia iniquum erat, si promissor ad eum locum, in quem daturum se promisissset, numquam accederet (quod uel data opera faceret uel quia aliis locis necessario distringeretur), non posse stipulatorem ad suum peruenire, ideo uisum est utilem actionem in eam rem comparare.
But because it was inequitable that, if the promisor should never come to the place in which he had promised he would make the payment (which he might do either on purpose or because he was necessarily detained in other places), the stipulator should not be able to obtain what was his due, it was therefore deemed proper to provide an analogous action for that purpose.