The Personal and Property Rights of a Citzen of the United States; How to Exercise and How to Preserve Them. Together with I. a Treatise on the Rules of Organization and Procedure in Deliberative Assemblies; II. a Glossary of Law Terms in (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1878 edition. Excerpt: ... and especially if the name of the buyer be marked against each, there is a separate sale to him of each one, and it is independent of the others; so that he must take and pay for any one or more, although the others are not what they should be, or cannot be had. If; however, it could be shown by the nature of the case, or by evidence, that the things were so connected that one was bought entirely for the sake of the other, he would not be obliged to take the one unless he could have the other. This rule applies also when the things sold are lots of land. Indeed, the general rule may be stated thus: The question whether it is one contract, so that the buyer shall not be bound to receive any part unless the whole be tendered to him, will be determined by ascertaining from all the facts and all the evidence whether the parts so belong together that it may reasonably be supposed that none would have been purchased if the whole had not been purchased, or if any part could not have been purchased. The buyer may have, by the terms of the bargain, the right of rescinding the sale and redelivering the goods. For sales are sometimes made upon the agreement that the purchaser may return the goods within a fixed or within a reasonable time. He may have this right without any conditioh, and then has only to exercise it at his discretion. But he may have the right to return the thing bought only if it turns out to have, or not to have, certain qualities; or only upon the happening of a certain event. In such case the burden of proof is on him to show that the circumstances exist which are necessary to give him this right. In either case the property vests in the buyer at once, as in ordinary sales; but subject to the right of return given him by the...