248 THE ADVENTURES OF A GENTLEMAN 



1 Dowling and Kyland, 515, Carter v. Touissant. 

 — ^'PlaintifF sold a horse to the defendant at the 

 price of .£30 by parole agreement ; the horse to be 

 fired, and remain in plaintiff's possession until fit to 

 be sent to grass ; at the end of twenty-two days the 

 horse was, by defendant's direction, taken to graze 

 at Kimpton park, and there entered in the plain- 

 tiff's name: it was held that there was no de- 

 livery to, or acceptance of the horse by the defen- 

 dant, to satisfy the 17th section of the statute of 

 frauds." 



In this case the defendant went so far as to see 

 the horse fired, and expressed his approbation of 

 what had been done ; he also called several times to 

 look at the horse, while it remained in the plaintiff's 

 stables. The case of Elmore v. Stone was quoted, 

 and it was observed by C. J. Abbott, that the cus- 

 tody was of the same kind as in this case ; but that, 

 in consequence of Elmore having consented to put 

 the horse in another stable, and to keep it there at 

 the defendant's charge, he had changed the character 

 in ivhich he originally held the horse, and instead of 

 holding him as his own, held him for the defendant 

 as his livery-stable keeper. 



