[IDEM libro tertio digestorum. ] §46.2.26.prSi is, cui decem Titius, quindecim Seius debebat, ab Attio stipulatus est quod ille aut quod ille debeat, dari sibi, nouatum utrumque non est, sed in potestate Attii est, pro quo uelit soluere et eum liberare.
[THE SAME, Digest, Book 3.] If a person, to whom Titius owed ten and Seius fifteen, stipulated from Attius for that which the former or that which the latter owes to be given to him, neither obligation is novated, but it is within the power of Attius to choose for whom he wishes to pay and whom to release.
fingamus autem ita actum, ut alterutrum daret: nam alioquin utrumque stipulatus uidetur et utrumque nouatum, si nouandi animo hoc fiat.
Let us assume, however, that the transaction was conducted in such a way that he should give one or the other; for otherwise he is deemed to have stipulated for both, and both obligations are novated, if this is done with the intention of novating.