[IDEM libro sexto epistularum. ] §45.1.106.prQui ex pluribus fundis, quibus idem nomen impositum fuerat, unum fundum sine ulla nota demonstrationis stipuletur, incertum stipulatur, id est eum fundum stipulatur, quem promissor dare uoluerit.
[THE SAME, book two of Letters.] I stipulated that the slave Dama or Eros be given to me. When you were offering to give Dama, I was in delay in receiving him. Dama died. Do you think that I have an action on the stipulation? He answered: According to the opinion of Masurius Sabinus, I think you cannot bring an action on the stipulation; for he rightly thought that if there were no delay on the part of the debtor in paying what he owed, he was immediately released from the debt. [THE SAME, book six of Letters.] A person who stipulates for one estate out of several on which the same name had been imposed, without any mark of specification, stipulates for something indefinite; that is, he stipulates for that estate which the promisor shall have wished to give.
tamdiu autem uoluntas promissoris in pendenti est, quamdiu id quod promissum est soluatur.
Moreover, the will of the promisor remains in suspense for so long as that which was promised is performed.