Bava Batra 77 - Sale of a Debt Obligation

One who sells a note of indebtedness to his fellow must write for him a document of sale that states, "Acquire the promissory note and whatever lien is in it." If he does not do so, the buyer acquires only the paper on which it is written for use, such as a bottle stopper. The sale would then become void because of the law against overcharge.

If one says to his fellow, "Sell me this yoke for 200 zuz," then it is evident that the yoke alone is not sold for this amount, and thus, the oxen are included. But the Sages say," The purchase price is no proof." It may be viewed as a gratuity that the buyer gives to the seller or an overpayment, in which case the sale would be voidable.

Art: Oxen Pulling a Cart by Rosa Bonheur 




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