BARGAIN, SALE AND EXCHANGE, 7 



miglit and would have been shown by parol evidence to 

 be so, and that there could be no doubt of the fact. It 

 was also held, that this contract was not less within the 

 statute because something else, which was merely ancillary 

 to its principal subject-matter, and to which the 17th section 

 of the Statute of Frauds did not apply, was included in it, 

 as the contract was an entire one and the price was indi- 

 visible (0. 



Therefore to make the sale of a Horse at 10/. or upwards Eequisites of 

 valid under the 17th section of the statute, the buyer must * ^'^^j^ o^ 

 either actually accept and receive it, or give something in faluethanio^. 

 earnest to bind the bargain, or something in part payment ; 

 or the parties to bo charged must either themselves or by 

 their agents make and sign some note or memorandum in 

 writing of the bargain. 

 We shall consider — 



1st. The Acceptance and Receipt. 



2nd. The Earnest and Part Payment. 



3rd. The Note or Memorandum in writing. 



4th. The Signature by the Party to be charged. 



5th. The Signature by an Agent. 



THE ACCEPTANCE AND RECEIPT. 



To satisfy the Statute of Frauds, there must be an ac- In what they 

 ceptance and a receipt of the goods, and the acceptance ''°^^^^''- 

 must be of the goods " so sold," for the enjoyment of 

 something merely engrafted upon the principal subject- 

 matter of the contract will not satisfy the statute (t). The 

 acceptance must be with the intention of taking pos- 

 session as owner. And the receipt implies deliver}^, either 

 actual or constructive {u). 



There is always an acceptance and receipt by the pur- General rule, 

 chaser when the vendor has parted with his lien, because, 

 as was laid down by Mr. Justice Holroyd, " upon a sale 

 of specific goods for a specific price, by parting with the 

 possession the seller parts with his lien. The statute 

 contemplates such a parting with the possession, and 

 therefore, so long as the seller preserves his control over 

 the goods, so as to retain his lien, he prevents the vendee 

 from accepting and receiving them as his own within the 

 meaning of the statute " {ir). 



[t) minnan v. Seevc, 25 L. J., C. {ic) Baldeif v. Pnrl-er, 2 B. & C. 



r. 257. 44 ; S. C. 3 D. & E. 220 ; Cxsack v. 



{u) See per Parke, B., Saioiders liobiiisoii, 30 L. J., Q. B. 261 ; and 



V. Topj), 4 Ex. 394 ; Holmes v. IIos- see Benjamin on Sales, 2nd cd, 140. 

 Icins, 9 Ex. 753. 



