HOUSE WAUUANIV. 



signed by the parties to be cliargcd by 

 sucli contract, or tlieii* agents thereunto 

 luwfidly authorized; 

 or, in other -words, that one of these three excep- 

 tions shall be made a requisite, ■whenever there is a 

 sale of an article, or a claim for the value of an 

 article, above the value of ten pounds. 



If, then, a dealer in horses, or any seller of a 

 horse for more than ten pounds in value, does not 

 satisfy one of these requisites, that is, docs not sec 

 that the provisions of the three above-quoted ex- 

 ceptions have been fullllled, ho may fhid, that the 

 purchaser can repudiate the bargain, and throw 

 the horse back on his, the seller's, hands. 



To aid sellers and buyers, it will be convenient 

 to mention shortly the nature of each pro\'i8ion, 

 and some of the leading cases on each point. 

 First The first exception or recjuisite noticed above is, 



I'.uiuco that the buyer shall accept port of the goods 

 sold, and actually receive the same, or, in other 

 words, that there shall liave been an acceptance 

 nnd receipt of the horse (A). AVliut does this 

 mean '1 Tlio general rule as to wlu'tlier there 

 lias been an aecej)tance under tlie statute would 

 ai»p(,'ar to bo the fact — *' lias tiie seller so parted 

 with the possession of the goods or article so as 

 to lose his control over them;" for so long as a 



(A) Fanm v. llornr, 16 M. A: W. 1 19 ; Ihndc v. U'/iitehoiuf, 

 7 Ea«t, 668; Huliiey v. /'«.•/«, 2 13. & C. 37. 



:in.l 

 ri-ccii't. 



