THE NOTE OR MEMORANDUM IN WRITING. 21 



some contract or other ; but wliether he bought them on a 

 contract to take particular goods seen by him at the ware- 

 house, or whether he had bought them on a particular 

 sample which had been delivered to him, on the condition 

 that they should agree with the sample, or whether the 

 agreement was that they should be delivered within a par- 

 ticular time, did not appear. It was held, that there was 

 no agreement coming within the Statute of Frauds ; be- 

 cause what was in truth the dispute between the parties 

 was not settled by the contract in writing (u) . 



A letter signed by the party to be charged after the 

 transaction has taken place, which states (or plainly refers 

 to other documents which state) and admits the terms of 

 the contract, is a good memorandum under the Statute, 

 even if such letter contain an attempted repudiation by the 

 writer of his liability under the contract (x). 



But as mutual assent is necessary to constitute a binding Mutual 

 contract, it is held that where it is sought to establish an assent. 

 agreement by means of Letters, such Letters will not 

 amount to an agreement, unless the answer be ex simpliccy 

 without the introduction of any new term (//). Thus, in 

 the following case an action of Assumpsit was brought for 

 the price of a Mare sold and delivered, to which the de- 

 fendant pleaded JVoji Assumpsit. It appeared that the 

 defendant having seen and ridden a Mare, wrote to the 

 plaintiff, " I will take the Mare at twenty guineas, of 

 course warranted ; therefore as she lays out, turn her out 

 my Mare." The plaintiff agreed to sell her for the twenty 

 guineas. The defendant afterwards wrote again to him, 

 " My son will be at the ' World's End' (a public house) 

 on Monday, when he will take the Mare and pay you ; 

 send anybody with a Receipt, and the money shall be 

 paid ; only. say in the Receipt sound, and quiet in hariiess.'" 

 The plaintiff wrote in reply, " She is warranted sound, 

 and quiet in double harness; I never put her in single 

 harness." The Mare was brought to the " World's End" 



(m) Archer v. Baines, 5 Ex. 625 ; [x) BaiUy v. Sicectiiiq, 9 C. B 



Eichards v. Porter, 6 B. & C. (N. S.) 843 ; 30 L. J., "C. P. 150 ; 



438; Goodman v. Griffiths, 26 L. J., Wilkinson v. Evans, L. R., 1 C. P. 



Ex. 145; M'leanv. MchoU,7 Jut., 417; Buxton v. Bust, L. R., 7 Ex. 



N. S. 999 ; Honey man v. Marrijat, 1 ; 41 L. J., Ex. 1 ; 25 L. T., N. S. 



21 Beav. 14; Tierce \. Corf, L. E,., 502, affirmed L. R., 7 Ex. 279; 



9 Q. B. 214 ; 43 L. J., Q. B. 52 ; Leather Cloth Co. v. Hcironimus, L. 



29 L. T., N. S. 919 ; Mahahn v. R., 10 Q. B. 140 ; 44 L. J., Q. B. 



Buhlin, ^-c. Distillery Co., Ir. R., 11 54 ; 32 L. T., N. S. 307; and see 



C. L. 83 ; Bertel v. Ncveiix, 39 L. Gibson v. Holland, L. R., 1 C. P. 1. 



T., N. S. 257. (y) Cooperw.Hood,2fi'L.3 .,Qh..1l2. 



