Page:Federal Reporter, 1st Series, Volume 5.djvu/780

768 FEDERAL RBPOETEB. �place, beoause of the failure of business projeeis. There was a continued residence in the aileged new domicile, and the tes- timony is that the return to the former domicile was for tem- porary purposes only. The place of business of the plain- tiflF's husband, according to the present showing, is in the state to which the parties have gone. And although the court might wish that the proof was more adequate and the circumstances more conelusive, I think upon the evidence, as it stands, it must be held that such a change of domicile vras made and such a new residence was acquired as established citizenship in another state. �I do not see how the aileged alienage of the husband can affect the question. It is the citizenship of the plaintiff that is involved. She had been a citizen of Wisconsin. Herdom- icile and residence would foUow that of her husband. With his change of residence her residence and citizenship, espe- cially if she personally accompanied him, would change, and his legal status as to residence v^ould be hers. His national citizenship would not, I think, affect her citizenship when her actual residence foUowed his. On the whole, my opin- ion is that the plaintiff shouldhave judgment in her f avor on the issue raised by the plea. ���NOERIHÛTON V. WeIGHT.* {Girou.it Court, E. D. Perkuaylvania. January 24, 1881.) �. Sbtekablb Contract — Right to Rescind fob Failuke as to Ainr �Portion. A contract for the sale of a specifie quantity of merehandise to be �delivered in successive shipments of stipulated amounts, each ship- �ment to be paid for on delivery, may be rescinded by the vendee upon �failure of the vendor to deliver any one of the shipments. , Same— Partial Performance— Acceptancb of in Iqnobanoi! dp �Dbfault. In such case the acceptance by the vendee of one cargo, in Iguo* �rance of a default of the vendor as to subsequent shipments, will aot �prevent the vendee from rescinding the contract. �*Reported by Frank P. Prichatd, Esq., of the Philadelphia bar. ����