262 THE ADVENTURES OF A GENTLEMAN 



horses on a Sunday is certainly a very indecent 

 thing, and what no religious person would do : but 

 we cannot discover that the law has gone so far as to 

 say, that every contract made on a Sunday shall be 

 void, although under these penal statutes, if any man 

 in the exercise of his ordinary calling should make a 

 contract on the Sunday, that contract would be void. 

 The horse was not sent to Hull for the purpose of 

 private sale, but to be sold by auction ; therefore 

 Hull did not sell this horse, properly speaking, as a 

 horse-dealer. The sale of horses by private contract 

 was not Drury's ordinary calling, nor was it Hull's." 

 In Eennel v. Ridler, 8 D. and R. 204, it was 

 decided that the statute 29 Char. II. cap. 7, for- 

 bidding the exercise of ordinary callings on Sunday, 

 applies to private as well as to public contracts ; and 

 therefore, that a horse-dealer cannot maintain an 

 action upon a private contract for the sale and war- 

 ranty of a horse, if made on a Sunday : it was held, 

 however, in an earlier case, of Bloxsome v. Williams, 

 5 D. and R. 82, that in an action on the warranty of 

 a horse, the defendant could not be allowed to set up 

 in answer thereto, that he was a horse-dealer, and 

 sold the horse on a Sunday, contrary to the provi- 



