18 



CONTRACTS CONCERNING HORSES, ETC. 



Names of the 



contracting 



parties. 



Terms of the 

 contract must 

 be stated. 



May bo col- 

 lected from 

 more than 

 one docu- 

 ment. 



The Stamp 

 Act. 



Catalogue at 

 a Sale. 



However, there are certain requisites whicTi must be con- 

 tained witliin the instrument, to satisfy the statute. 



The note or memorandum in writing must state who are 

 the contracting parties (;:). But it is not necessary that 

 they shoukl appear actually on the face of the memoran- 

 dum ; if, from the memorandum taken in connection with 

 surrounding circumstances, it clearly appear who they are, 

 this is sufficient {n). 



It must also state the terms upon which the contract 

 is made, because the word bargain means the terms upon 

 which the parties contract. As, for instance, in Bristoic v. 

 Ilalford {b), the memorandum of agreement on the sale of 

 a Race Horse called Baron Biel, was to the effect that the 

 defendant should purchase the Horse for 300^. paid down, 

 100/. in three months, 100/, on the Horse winning the 

 Goodwood Cup, and 1,000/. on his winning the St. Leger 

 Stakes, for which the defendant undertook to enter him. 



But though it does not state the terms upon which the 

 contract is made, it will be sufficient to satisfy the statute, 

 if it distinctly refers to and recognizes another document, 

 which does contain them (c) . The connection between the 

 documents must appear on the face of them, for it cannot 

 be supplied by parol evidence (r/), which can only be used 

 to show, what the writing is which is referred to, and which 

 is not admissible to supply any defects or omissions in the 

 written evidence (e). 



An " agreement, letter, or memorandum made for or 

 relating to the sale of any goods, wares, or merchandize," 

 is exempted from stamp duty (/). 



If at an auction the purchaser's name be signed to a 

 catalogue, it must be connected with or refer to the condi- 

 tions of sale, to make the contract valid ((/). And it is 

 not sufficient where they are merely in the room but not 

 adiialhj attached to the catalogue, or clearly referred to in 



(r) WlUiams v. LaJcc, 29 L. J., 

 Q. B. 1 ; WiUiams v. Byrnes, 9 

 Jur., N. S. 363 ; Champion v. 

 Fhimmer, 1 N. R., B. & P. 252; 

 La\ithroap v. Bryant, 2 Bing., N. 

 S. 2-14 ; Williams v. Jordan, L. R., 

 C Ch. D. 517 ; 46 L. J., Ch. 681. 



(«) Chitty on Contracts, 10th ed. 

 359. 



(i) Brisfoiv V. Ilalford, before 

 Lord Campbell, C. J.," West. C. P. 

 Feb. 1, 1853. 



(f) Eidgivayy. Wharton, 27 L. J., 

 Ch. 46. 



[d) Boydelly. Drummond, 1 1 East, 

 142 ; CaddicJc v. Skidmore, 27 L. J., 

 Ch. 153; Fierce v. Corf, L. R., 9 

 Q. B. 217; 43 L. J., Q. B. 52. 



(f) Boydell v. Drummond, 11 

 East, 142 ; Fitzmanrice v. Bayley, 

 9 H. L. Cas. 78. 



(/) 33 & 34 Vict. c. 97, Sch. 

 "Agreement" (3). 



{(j) Hinde v. Whiie/iotisc, 7 East, 

 568. 



