“It is a fundamental principle, pervading everywhere the doctrine of sales of chattels, that if the goods of different value be sold in bulk, and not separately, and for a single price, or per aversionem, in the language of the civilians, the sale is perfect, and the risk with the buyer; but if they be sold by number, weight, or measure, the sale is incomplete, and the risk continues with the seller, until the specific property be separated and identified.” 2 James Kent, Commentaries on American Law *496 (George Comstock ed., 11th ed. 1866).
per aversionem
per aversionem (p[schwa]r [schwa]-v[schwa]r-zhee-oh-n[schwa]m). [Latin “for a lump sum”] Roman & civil law. Of or relating to a sale in which goods are taken in bulk or land is bought by estimation of the number of acres. • This type of sale is so called because the buyer “turns away” from a careful scrutiny of the things purchased.
