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  • The rule is only applicable ----
  • * when the vendee is deprived of a part of the thing sold is such part is of such importance to the whole that he would not have bought the thing without said part. 
  • *When two or more things are jointly sold whether for a lump sum or for separate price for each, and the vendee would not have purchased one without the other.
  • In case the vendee is totally evicted from the thing sold, he cannot avail of the remedy of rescission , because this remedy contemplates that the one demanding it is able to return whatever he has received under the contract. 
  •  I now pronounce that the vendor is liable to: *Return of value of thing *Income or fruits of thing *The cost of the suit  *The expenses of the contract *The damages and the interests, and ornamental expenses, if the sale is made in bad faith
  • In case of eviction, and eviction should take place
  • Should the vendee have made the waiver with knowledge of the risks of eviction and assumed its consequences, the vendor shall not be liable.
  • I have the right to warranty 
  • I shall only pay the value which the thing sold had at the time of eviction.
  • In case of partial eviction, the vendee have the option either to: * enforce the vendor's liability for eviction  * or to demand rescission of the contract
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