THE STATUTE OF FRAUDS. * 



seller can enforce Lis lien on the ai"ticles, it is 

 clear that the buyer cannot have accepted and 

 received them in a true sense. 



An actual acceptance and receipt of a horse is 

 not difficult to explain : as for instance, if the 

 buyer lead the horse away, or give it in charge of 

 his own servant, or send it to a livery stable to 

 stand at the buyer's costs. This class of cases do 

 not present much difficulty ; but beside this, the 

 acceptance of goods may be constructive and not 

 actual. The question whether the facts proved 

 amount to a constructive acceptance is " one of 

 fact for the jury, not matter of law for the 



Court"((')- 



Elmore v. Stone {d) has long been cited as a Case of 



IT !• L L- L construc- 



ieadmg case on questions oi constructive accept- tivcac- 

 ance and receipt. There the plaintiff, a livery ceptance. 

 stable keeper and horse dealer, asked the defen- 

 dant 180 guineas for two horses. The defendant 

 at first refused to buy, but afterwards sent word 

 that " the horses were his, but as he had neither 

 servant nor stable, the plaintiff must keep them at 

 livery for him.'' This the plaintiff did, and the 

 defendant afterwards refused to take the horses 

 and set up the Statute of Frauds. The Court, 

 however, held, that the character of the seller had 



((•) See Denman, C. J., iu Edan v. Dudjicld, 1 Q. B. 302. 

 (rf) 1 Taunton, 458. Sec, too, Blenkimop v. Clayton, 7 

 Taunton, o97. 



