IN SEARCH OF A HORSE. 257 



call it ; the man consequently gets drunk on his 

 way home, and when the animal is sent for in the 

 evening, his knees are broken. On whom does the 

 loss fall ? This would turn upon the question 

 whether the shilling was "earnest," paid to bind the 

 bargain. 



s 



Although I have pointed out the important dis- 

 tinction between contracts relating to land, and 

 those relating to goods, yet, as the doctrine relating 

 to the former has an important bearing on the latter, 

 so far as the subject of part delivery or part payment 

 is concerned, I will refer my readers to the names of 

 some cases, in w^hich the doctrine of part perform- 

 ance as to land was argued ; especially as the opi- 

 nions of the courts seem to have been divided on the 

 subject. Vide Main v. Melbourne, 4 Vesey, 720 ; 

 Lord Fingall v. Ross, 2 Equity Abridgment, 46 ; 

 Leak v. Morrice, 2 Chancery Cases, 135 ; Clinan v, 

 Cooke, 1 Scholes and Lefroy, 40 ; and Watt v. 

 Evans, before Lord Lyndhurst, at the Exchequer 

 Sittings, after Trinity term, 1834, in which all these 

 cases are referred to. 



The third question which I mentioned as of com- 

 mon occurrence under the statute, is whether a note 



