PROOF. 5 



paid or delivered being recovered ;(«) and in pleading, it is 

 necessary to s]3ecify precisely the nature of the error alleged, 

 and if several errors are set forth, a separate issue must be 

 taken for each. (6) 



Thus, if one horse be mistaken for another ; (c) or 

 there be a mistake as to the number or quality of those 

 sold;(cZ) or if a man ignorantly purchase what is his 

 own already ;(e) or if there be an essential error about 

 the price; either party may resile, or the contract may be 

 reduced (/) at the instance of either party ; but to ground 

 an action of reduction, the error must be either common to 

 both parties, or have been induced by the conduct of him 

 who seeks to maintain the contract. (^) 



5. Proof of the Contract. — Writing is not necessary to 

 the purchase of horses (/i) in Scotland, but it is so in Eng- 

 land, under the Statute of Frauds ;(i) and the bargain may 

 be proved prout de jure — i.e., by a general proof of facts 

 and circumstances not limited to the writ or oath of the 

 defender. (_/) If the bargain be made verbally between the 

 parties themselves, the evidence of two witnesses is usually 

 required, but one is sufficient if there are circumstances 

 corroborative of it;(Z;) if by letter, the letters holograph, 

 or signed by the parties, are sufficient evidence of the 

 contract. (Z) 



If the sale be through a broker, his authority must be 



(ft) B. Pr. 11 ; Lord Justice-Clerk Hope in Purdon v. Rowalt's Trustees, 1856, 

 19 D. 206, p. 220. See also Lord Deas in Mougli v. Moir, 1875, 2 R. 529, 535. 

 (6) Ritchie v. Ritchie's Trustees, 1866, 4 M. 292. 



(c) Hamilton v. Western Bank, 1861, 23 D. 1033. 



(d) Rank. Ersk. Pr. iii. 1, 6. 

 (c) Bingham, 1748, 1 Ves. 126. 

 (/) § 35. 



[g) Stewart v. Kennedy, 1890, 15 App. Ca. 108 ; 17 R., H.L. 1. 

 (h) Ersk. iv. 2, 20. 

 (i) See § 18. 



0') Pollock V. M'Andreiv, 1828, 7 S. 189; Wilson v. Walker, 1856, IS D. 673 ; 

 Dickson on Evidence, § 558. 

 (k) B. Pr. 89. 

 {I) B. Pr. 89 ; Dickson on Evidence, §§ 793-796. 



