IN SEARCH OF A HORSE. 349 



The exercise of ownership over the property sold, 

 by re-selling a part of it, and the acquiescence of the 

 seller in the subsequent removal of the part sold from 

 his premises, also appear to amount to a constructive 

 delivery ; the following case will illustrate this po- 

 sition : 



Chaplin v. Rogers. 1 East, 192. — " After a bar- 

 gain and sale of a stack of hay between the parties 

 on the spot, evidence that the purchaser actually 

 sold part of it to another person, by whom, though 

 against the purchaser's approbation, it was taken 

 away, is sufficient to warrant a jury in finding a deli- 

 very to and acceptance by the purchaser, thereby 

 taking the case out of the statute of frauds." 



In this case, two months elapsed, during which 

 the hay remained in the plaintiff's yard. Lord 

 Kenyon observed, " Where goods are ponderous, 

 and incapable, as here, of being handed over from 

 one to another, there need not be an actual delivery, 

 but it may be done by that which is tantamount, 

 such as the delivery of the key of a warehouse 

 in which the goods are lodged, or by delivery of 

 other indicia of property ; now here the defendant 

 dealt with this commodity afterwards as if it were 

 22 



