[IDEM libro quadragesimo sexto ad Sabinum. ] §21.2.32.prQuia dicitur, quotiens plures res in stipulationem deducuntur, plures esse stipulationes, an et in duplae stipulatione hoc idem sit, uideamus.
[THE SAME, On Sabinus, Book Forty-Six] Since it is said that, as often as several things are brought into a stipulation, there are several stipulations, let us see whether this same rule applies also in the case of a stipulation for double value.
cum quis stipulatur 'fugitiuum non esse, erronem non esse' et cetera quae ex edicto aedilium curulium promittuntur, utrum una stipulatio est an plures? et ratio facit, ut plures sint.
When anyone stipulates "that the slave is not a runaway, is not a wanderer," and other things which are promised under the edict of the curule aediles, is there one stipulation or several? And reason brings it about that there are several.
§21.2.32.1Ergo et illud procedit, quod Iulianus libro quinto decimo digestorum scribit.
Therefore, that which Julian writes in the fifteenth book of his Digests also holds good.
egit, inquit, quanti minoris propter fugam serui, deinde agit propter morbum: id agendum est, inquit, ne lucrum faciat emptor et bis eiusdem uitii aestimationem consequatur.
He says: if a man has sued for a reduction of price on account of the flight of a slave, and afterwards sues on account of a disease, care must be taken, he says, that the buyer does not make a profit and obtain the valuation of the same defect twice.
fingamus emptum decem, minoris autem empturum fuisse duobus, si tantum fugitiuum esse scisset emptor: haec consecutum propter fugam: mox comperisse, quod non esset sanus: similiter duobus minoris empturum fuisse, si de morbo non ignorasset: rursus consequi debebit duo: nam et si de utroque simul egisset, quattuor esset consecuturus, quia eum forte, qui neque sanus et fugitiuus esset, sex tantum esset empturus.
Let us suppose that the slave was bought for ten, but that the buyer would have bought him for two less if he had known only that he was a runaway; he obtained this on account of the flight. Soon afterwards he discovered that the slave was not healthy; in like manner, he would have bought him for two less if he had not been ignorant of the disease; he ought to obtain two again. For even if he had sued for both at the same time, he would have obtained four, because he would perhaps have bought a slave who was neither healthy nor a runaway for six only.
secundum haec saepius ex stipulatu agi poterit: neque enim ex una stipulatione, sed ex pluribus agitur.
According to this, it will be possible to sue on the stipulation more than once; for the action is brought not on one stipulation, but on several.