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Bouvier's Law Dictionary, Revised 6th Edition (1856)

CONJUNCTIVE, contracts, wills, instruments. A term in grammar used to
designate particles which connect one word to another, or one proposition to
another proposition.
2. There are many cases in law, where the conjunctive and is used for
the disjunctive or, and vice versa.
3. An obligation is conjunctive when it contains several things united
by a conjunction to indicate that they are all equally the object of the
matter or contract for example, if I promise for a lawful consideration, to
deliver to you my copy of the Life of Washington, my Encyclopaedia, and my
copy of the History of the United States, I am then bound to deliver all of
them and cannot be discharged by delivering one only. There are, according
to Toullier, tom. vi. n. 686, as many separate obligations Is there are
things to be delivered, and the obligor may discharge himself pro tanto by
delivering either of them, or in case of refusal the tender will be valid.
It is presumed, however, that only one action could be maintained for the
whole. But if the articles in the agreement had not been enumerated; I could
not, according to Toullier, deliver one in discharge of my contract, without
the consent of the creditor; as if, instead of enumerating the, books above
mentioned, I had bound myself to deliver all my books, the very books in
question. Vide Disjunctive, Item, and the case, there cited; and also, Bac.
Ab. Conditions, P; 1 Bos. & Pull. 242; 4 Bing. N. C. 463 S. C. 33 E. C. L.
R. 413; 1 Bouv. Inst. n. 687-8.

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