256 THE ADVENTURES OF A GENTLEMAN 



contract ; but part performance of the bargain will 

 have that effect. In the case of goods, the payment 

 of "earnest" is expressly excepted by the statute; 

 and the meaning of " earnest" would seem to be any 

 payment that proved the parties to be sincere, or 

 earnest, in the purpose of dealing. If this definition 

 be correct, it seems to follow that the payment ought 

 to be substantial, even when intended for "earnest:" 

 the common opinion undoubtedly is that any pay- 

 ment, however small, is sufficient : should the 

 question, however, be fairly raised on any future 

 occasion, I think it would be decided that a payment 

 so small as to be illusory, is not sufficient. But I 

 apprehend it to be a question of fact for a jury, 

 rather than of law : and that it would be the duty of 

 the jury to say whether the payment was made, 

 whatever might be its amount, with a bona fide inten- 

 tion to bind the contract. I can put a case of very 

 probable occurrence to illustrate the practical impor- 

 tance of this question of " earnest." Suppose that 

 A should buy a horse from the groom of B, for .£50, 

 and pay a shilling to bind the bargain. The groom, 

 to a certainty, would expend the shilling on gin, 

 regarding it as part of his fee, or "reglars," as they 



