Two or more individuals may be parties to a stipulation or a promise. As
to the stipulation, if after the question has been put by all the promisor
answers: "I agree"; for instance when two persons are making a stipulation
separately the promisor answers, "I agree to pay either of you"; or if he has
first agreed to pay Titius, and afterwards binds himself when another
interrogates him, there are two distinct obligations, and it is not considered
that there are two parties to one stipulation.
Two or more parties can bind themselves by a promise as follows:
"Mævius, do you agree to pay five aurei? Seius, do you agree to
pay the same five aurei?" and each answered separately: "I do
agree."
(1) In obligations of this description the entire amount is due to each
contracting party, and each person who makes the promise is bound for all;
nevertheless, in each obligation, only one matter is included, and where either
party receives the debt, or the other pays it, the obligation of all is
discharged, and all persons are released from liability.
(2) Of two parties making a promise one may be bound absolutely, and the
other with reference to a certain time or under some condition; and neither the
date nor the condition offers any bar to an action brought against him who
bound himself unqualifiedly.
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