Contracts 197 



2. Unless the buyer shall accept and receive 

 part of such goods, or the evidences, or some of 

 them, of such things in action; or, 



3. Unless the buyer shall, at the time, pay 

 some part of the purchase money. 



It is also very generally provided that no action 

 shall be brought whereby to charge the defendant 

 upon any special promise to answer for the debt, 

 default or miscarriage of another person, unless 

 the agreement upon which such action shall be 

 brought, or some memorandum or note thereof, 

 shall be in writing, and signed by the person to 

 be charged therewith, or some other person there- 

 unto by him lawfully authorized. 



This simply means that no man can be held 

 lawfully for the debt of another, as, for example, 

 the guaranty of an account of another, unless 

 the guaranty or agreement is reduced to writing. 

 Any agreement or contract, therefore, by which 

 one person agrees to be responsible for another, 

 must be in writing. 



No contract or agreement is binding unless 

 there is some consideration for it. This simply 

 means that even after a person has agreed to do 

 a thing, he cannot be made to do it, or pay dam- 

 ages for not doing it, unless he has either received 

 something of value or has been promised some- 

 thing of value for the doing of the thing he agreed 

 to do; except that when the person to whom the 



