4.1.77 to 4.1.80

(53a) A plaintiff may demand more than he is entitled to in four ways; in the amount of property, in time, in place, and in the statement of his cause of action. He does so in the amount of property, if he demands twenty thousand sesterces, instead of ten thousand which are due to him; or, if he demands as his own, either the whole, or the greater part of the property, when he is only a joint owner. He demands more in point of time, if he asks for payment before the debt is due. He demands more in place, for instance, where payment is promised in a certain place, and he demands that it be made somewhere else, which was not mentioned in the contract; for example, if I stipulate with you as follows: "Do you solemnly agree to pay me ten thousand sesterces at Ephesus?" and afterwards bring suit at Rome under the formula, "If it appears by the stipulation that you are obliged to pay me ten thousand sesterces," I am understood to claim more than I am entitled to, for the reason that in this way I subject the promisor to more inconvenience than he would suffer if he paid at Ephesus. I can still absolutely demand payment at Ephesus, for this is not an additional place. (53b) He demands too much in his statement of his cause of action, if he deprives the debtor of a choice which he had by the terms of the contract, for example, if anyone stipulates as follows: "Do you solemnly agree to either pay ten thousand sesterces, or deliver the slave Stichus?" as then he can demand either the one or the other. For although he may demand what is of lesser value, he still is considered to claim too much, because his adversary may sometimes more conveniently deliver what is not demanded.