IN SEARCH OF A HORSE. 255 



from Dutton v. Solomonson, 3 Bosanquet and Puller, 

 that a delivery of goods on behalf of the vendee, to a 

 carrier not named by the vendee, is a good delivery. 

 I apprehend that this is about as much law upon the 

 question of delivery as my readers will desire, or as 

 I may venture upon without hazarding the safety of 

 my book. 



On the second ordinary question of dispute, the 

 payment of earnest money, or part payment of the 

 price, there is little to be said : even lawyers can 

 scarcely make their ingenuity avail them, to invent 

 a co7ist7'iictive payment of money, — the payment of 

 earnest must be bona fide ; as where a person passed 

 a shilling over the hand of the vendor, and returned 

 it into his own pocket, it was held not to be a pay- 

 ment of earnest within the statute ; vide Blenkinsop 

 V. Clayton, 7 Taunton, 597 : a doubt, however, has 

 been raised, what must be the proportion of money 

 paid to make it "earnest" within the meaning of the 

 statute. 



There is an essential difference between payment 

 of " earnest " and part performance : in the case of 

 a contract for land, the statute of frauds does not 

 provide that payment of "earnest" shall save the 



