at all; if the buyer accepts the whole property delivered in such a manner, he must pay its price according to the proportion;
(3)if the seller delivers the property under the contract mixed with other property not covered by the terms of the contract, Lord says that the buyer may accept the property under the contract only and refuse the rest or may refuse them at all.
Section466.In selling immovable property, if the amount of the whole extent has been designated and the seller delivers less or more property than that under the contract, Lord says that the buyer may, at his choice, refuse it or accept it and pay its price according to the proportion.
In addition, if the amount of the shortage or excess is not over five per cent of the whole extent as designated, Lord says that the buyer must accept it and pay its price according to the proportion. However, the buyer may cancel the contract when the amount of the shortage or excess is to the degree that he would not have concluded the contract had he been aware of it beforehand.
Section467.In regard to the liability for shortage or excess of property, Lord prohibits the institution of a case upon elapse of the period of one year from the time of delivery.
