CONTRACT? CONCERNING HORSES, ETC, 



Eig-ht of res- 

 cission. 



Risrlitof trial. 



Buying a 

 horse under 

 10/. 



"Where one of the parties has the option of completing 

 a contract or agreement at a particular day, the other 

 party has a right of rescission at any time before the ratifi- 

 cation by the first (//). Thus, where A. proposed to ex- 

 change Horses with B. and give him a specific sum as 

 difference, and B. reserved to himself the privilege of 

 determining upon it by a certain day, and before that 

 day arrived, A. gave notice to B. that he would not 

 confirm the proposed contract, it was held that no action 

 would lie to recover the difference agreed to be paid 

 byA.(0. 



Where an arrangement is made that the person pro- 

 posing to purchase shall have the right of trial during a 

 certain time, the other party cannot conclude the nego- 

 tiation until the time allotted has elapsed. Thus A., 

 having a Ilorse to sell, agreed to let B. have him for 30 

 guineas, if he liked him, ' and that he should take him 

 a month upon trial. B. accordingly took him, and kept 

 him about a fortnight, and then told A. he liked the 

 Ilorse but not the price. A. desired him, if he did not 

 like the price, to return the Horse, but B. kept him ten 

 days longer, and then returned him. A., however, re- 

 fused to receive him, and brought an action on the con- 

 tract for 30 guineas. It was held by the Court of Common 

 Pleas that ho could not maintain such action (/r). 



"Where a Horse is bought for any price or consideration 

 under the value of 10/., and there is not an actual payment 

 and delivery at the time of sale, and the contract is to be 

 performed within a year, the bargain may be bound by any 

 of the following five methods (/) ; 1st. An agreement to 

 deliver the Ilorse on a certain day, a day also being agreed 

 upon for payment of the price ; and, in default, the buyer 

 may have an action for the Horse, or the seller for his 

 money ; 2ndly. The payment of the whole price, and then 

 if the seller do not deliver the Horse, the buyer may sue 

 him, and recover it ; 3rdly. Part payment of the purchase- 

 money, and then the buyer may sue for and recover the 

 Horse, or the seller may sue for the residue of the price ; 

 4thly. An earnest (u/) may be given, and even the smallest 

 sum is sufficient, and in such case the remedies are reciprocal ; 

 5thly. An actual delivery of the Horse, and even if there 



{h) Faym v. Cave, 3 T. E. 148; 

 Story on Sales, 99. 



(») Eskridgc v. Glover, 5 Stew. & 

 Port. (Amer.) 2G4. 



(/■) Ellis V. Mortimer, 4 B. & P. 

 257. 



[I) Sheppard's Toucli. 225. 

 {in) Earnest, post, 15. 



