THE NOTE OR MEMORANDUM IN WRITING. 10 



it ; and if during tlie sale they get separated, the signa- 

 tures made after the separation are unavailable {/i). 



And where, at a sale of Horses, there was a catalogue 

 which contained the number of the lot, the description of 

 the Mare to be sold, and the conditions ; and a sales ledger 

 containing the same information with regard to lot and 

 description, together with the name of the purchaser and 

 the price at which the Mare was sold, but having no refer- 

 ence to the catalogue which contained the conditions of 

 sale ; it was held that the catalogue and conditions of sale 

 were not sufficiently connected with the sales ledger to 

 make a memorandum within the statute. 



The Court was also of opinion that a letter, which the 

 purchaser subsequently wrote admitting the purchase, did 

 not constitute a sufficient memorandum, because it neither 

 stated a price nor referred to the sales ledger where the 

 price was stated («). 



The price when agreed upon is a material part of the Price when 

 bargain, and must be stated in the memorandum. Thus, f^g^'eed upon, 

 where on the 13th Juno a verbal contract was made for 

 the sale of a Horse, warranted five years old, for 200 

 guineas, and in order to take the case out of the Statute 

 of Frauds, the plaintiff gave in evidence the following 

 letter, written by the defendant on the 18th of June : 

 "Mr. Kingscote begs to inform Mr. Elmore, that if the 

 Horse can be proved to be five years old, on the 13th of 

 this month, in a perfect satisfactory manner, of course he 

 shall be most happy to take him ; and if not most clearly 

 proved, Mr. K. will most decidedly not have him." Lord 

 Chief Justice Abbott was of opinion that this was not a 

 sufficient note or memorandum in writing within the 

 Statute of Frauds, and nonsuited the plaintiff. The 

 Court of King's Bench confirmed the nonsuit, on the 

 ground that the price agreed to be pnid constitutes a mate- 

 rial part of the bargain ; because if it were competent to 

 a party to prove by parol evidence the price intended to 

 be paid, it would let in much of the mischief which it was 

 the object of the statute to prevent (/<•) ; but it has been 

 held that a written order for goods " on moderate terms," 

 is sufficient (/). 



(/^) Kcnworthy v. ScholfieU, 2 B. 47 L. J., Ch. 629 ; 26 W. R. 827. 

 & C. 945. (/.) Elmore v. Kingscote, 5 B. & 



(0 Pierce V. Corf, L. R., 9 Q. B. C. 683. 

 ■ 210 ; 43 L. J., Q. B. 52 ; 29 L. T., (0 Ashcroft v. il/b?vi«, 4 M. & 



N. S. 919. And see Itishton v. G. 450. 

 Whatmore, L. R., 8 Ch. D. 4G7 ; 



c2 



