LAW OF THE FARM. 321 



and receive part of the goods sold, or shall give something in earnest to bind 

 the bargain or in part payment, or unless some note or memorandum in writ- 

 ing of the bargain be made and signed by the party to be bound thereby, or 

 by some person by him lawfully authorized. 



This statute applies to farm products, stock, and all personal property 

 which the farmer has to sell. The delivery required by this statute may be 

 either actual or constructive and inferred from circumstances, as when a man 

 bought a span of horses, but requested the seller to keep them in his stable, 

 and took no other delivery, and they were taken by the seller to his stable and 

 left remaining there. It was decided by the court that the property passed to 

 the buyer, and became his property, and was duly delivered within the mean- 

 ing of this statute, and that the seller could recover the price without any 

 further delivery or memorandum in writing. It was so held upon the ground 

 that taking charge of the horses under the agreement to keep them was a 

 constructive delivery within the meaning of the statute. What is a delivery 

 depends upon circumstances. When logs are bought on the ground no actual 

 possession need be taken; the pointing out of the logs will amount to a 

 delivery sufficient to satisfy the statute. So with any other like ponderous 

 articles. There are many branches to this subject, which I shall take occa- 

 sion to notice as I proceed. 

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