4.1.81 to 4.1.84

Likewise, if anyone stipulates for a genus, and afterwards claims a species; for instance, if he stipulates for purple, in general terms, and afterwards expressly demands Tyrian purple, even though he may demand that of the least value the same rule will apply, for the reason which we have just mentioned. The same rule also applies where anyone stipulates for a slave in general terms, and afterwards demands a particular slave, for example, Stichus; although he may be almost worthless. Therefore, the phraseology of the formula designating the claim must exactly coincide with what was set forth in the stipulation. (54) It is perfectly evident that too large an amount cannot be claimed by an uncertain formula, because as a definite amount is not demanded, but it is merely stated that the adversary shall give, or do only what he is required, no one can claim more. The same principle applies where a real action is granted to recover an uncertain share of property; as for example, when a plaintiff demands that there shall be transferred to him the share of the land in question to which he is entitled, which kind of action is granted in very few instances. (55) It is also evident that if anyone claims one thing instead of another, he will run no risk, as he can bring another suit, because he is not considered to have previously done anything which was legal; for instance, where a party who had a right to claim the slave Stichus, demands Eros; or where anyone states that he is entitled to property under a will, when in fact he is entitled to it under the terms of a stipulation; or where an agent or attorney claims that property should be transferred to him, instead of to his principal.