SOUND AND UNSOUND HORSES 



thing must be given in earnest, to bind 

 the bargain or in part payment ; or 

 faihng earnest or part payment a note 

 or memorandum of the sale must be 

 made out, and be signed by the pur- 

 chaser, or by his duly authorised agent. 

 The acceptance of the horse will be 

 determined in the absence of express 

 stipulation by the rules laid down in 

 the Sale of Goods Act already referred 

 to. Earnest is of two kinds, symbolical 

 and pecuniary, and anything, such as a 

 saddle or a bridle, may be used for the 

 purpose of the former, while the latter 

 is a sum of money. The note or memor- 

 andum of the sale need not be in any 

 particular form, it being sufficient to 

 show, in connection with the surround- 

 ing circumstances, that it refers to the 

 contract of sale between the vendor and 

 the vendee. In order to leave no room 

 for doubt, it should, however, state as 

 plainly as possible (i) the seher, giving 



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