THE ACCEPTANCE AMD RECEIPT. 13 



agreement to purcliase a Horse of B. for ready money, and 

 to take him away at a time agreed upon. Shortly before 

 the expiration of that time A. returned and ordered the 

 Horse to be taken out of the stable, when he and his 

 servant mounted, galloped and leaped him ; and after they 

 had so done, his servant cleaned him, and A. himself gave 

 directions that a roller should be taken off and a fresh one 

 put on, and that a strap should be put upon his neck, 

 which was consequently done : A. then requested that he 

 might remain in B.'s possession a week longer, at the 

 expiration of which time he promised to fetch him away 

 and pay for him ; to this B. assented. The Horse died 

 the day before A.'s return, and he refused to pay the 

 price. It was held by the Court of King's Bench that 

 this was a ready-money bargain, and, as the purchaser 

 could have no right to take away the Horse till he had 

 paid the price, that there was no acceptance of the Horse 

 within the meaning of the Statute of Frauds (o). 



The conduct of the vendee after the receipt of the goods Criterion for 

 will often be the criterion for determining whether he has detei-mining 

 accepted them(;;). Acts done for the mere purpose of ^e*accejted ^ 

 examination of the goods do not constitute an accept- or not. 

 ance (</). But a person must be taken to have accepted 

 goods within the statute, if, on their being sent to him, 

 he uses more of them than is necessary to test them (r). 



Where a person, who has contracted for the purchase Where a 

 of a Horse or any other goods, offers to resell them as his buyer offers to 

 own, it is a question for the Jury whether or not a deli- ^^^^ ' 

 very to and acceptance by himself has been proved (.s). 

 Where, however, the defendant offered goods which he 

 had refused to accept, for resale in the market, stating at 

 the same time that he had not accepted them, and that he 

 would have to make other arrangements before he could 

 sell, it was held that there had been no acceptance (/). 



An agreement for the resale of goods by the vendee is Where goods 

 sufficient evidence of a delivery and acceptance, as against are agreed to 

 him, to leave to the Jury [u). 



If a man buys a quantity out of a larger bulk, he does Goods bought 



(o) Tempest v. Fitzgerald, 3 B. & 13 Ir. Com. Law Reps. 160 ; and 



Aid. 680. see Hcilbnt v. llickson, L. E., 7 C. 



{p) Farker v. JFallls, 5 E. & B. P. 438 ; 41 L. J., C. P. 228. 



28. (s) Blenkinsop v. Clayton, 7 Taunt. 



{q) Kicholson v. Bower, 28 L. J., 597. 



Q. B. 97. (0 Rielcard v. Moore, 38 L. T., 



(r) Harnor v. Groves, 24 L. J., N. S. 811— C. A. 



C. P. 53; Coventry v. M'Fnivry, {u) Chaplin v. Rogers, lEast, 192. 



