IN SEARCH OF A HORSE. 261 



west end of the town ; and no doubt many bargains 

 are made on these occasions. If it were for no other 

 object than to check a system which is justly offen- 

 sive to public feeling, I should quote the following 

 ease, from which it appears as well that a sale of 

 goods by a dealer in the ordinary course of trade, is 

 void if made upon a Sunday, as that it is valid if 

 made by private individuals out of their ordinary 

 course of business. 



1 Taunton, 131, Drury v. De Fontaine — " A sale 

 of goods not made in the exercise of the ordinary 

 calling of the vendor or his agent, is not void at 

 common law, or by the statute 29 Char. II. cap. T." 



The plaintiff, a banker, sent a horse to Hull's com- 

 mission and auction stables for sale : the defendant 

 called on a Sunday, and having tried the horse for 

 an hour, requested leave to show it to one M'Kenzie. 

 Leave was given, on condition of bringing back 

 either the horso or ^100 by two o'clock : if not re- 

 turned by that hour, the horse should be the defen- 

 dant's. It was not returned till eight, when Hull 

 refused to receive it : the question for argument was, 

 whether the sale was void, being made on Sunday. 

 Mansfield, C. J., " The bargaining for, and selling 

 23 



