226 



In this case, the defendant went so far as to see 

 the horse fired, and expressed his approbation of 

 what had been done ; he also called several times 

 to look at the horse, while it remained in the 

 plaintiff's stables. The case of Elmore r. Stone 

 was quoted, and it was observed by C. J. Abbott, 

 that the custody was of the same kind as in this 

 case ; but that, in consequence of Elmore having 

 consented to put the horse in another stable, and 

 to keep it there at the defendant's charge, he had 

 chaiiged the character in which he originally held 

 the horse, and instead of holding him as his own, 

 held him for the defendant as his livery stable 

 keeper. 



The exercise of ownership over the property sold, 

 by reselhng a part of it, and the acquiescence of the 

 seller in the subsequent removal of the part sold 

 fiom his premises, also appear to amount to a 

 constructive delivery ; the following case will 

 illustrate this position : 



Chaplin xi. Rogers. 1 East 192. — "After a 

 bargain and sale of a stack of hay between 

 the parties on the spot, evidence that the pur- 

 chaser actually sold part of it to another person, 

 by whom, though against the purchaser's appro- 

 bation, it was taken away,^ is sufficient to warrant 

 a jury in finding a delivery to and acceptance by 



