THE STATUTE OF FRAUDS. 



unwillingly, consented to do so, as a great favor, 

 the buyer saying lio would call and pay for it in 

 a few days. The buyer did return on the 29th 

 September, with the intention of paying for the 

 horse, but the animal had died in the interval, 

 and the defendant learning this, refused to pay. 

 The seller thereupon brought his action, but was 

 nonsuited on the grounds that there was " no 

 receipt," — the defendant acquired no property in 

 the horse until the price was paid, and that there 

 was no acceptance within the Statute of Frauds. 



Again, it has been held, that where no time was 

 specified for the payment, and no payment is made, 

 no property passes. In Carter v. Tonsnaiiit (//), 

 the plaintiffs, farriers, sold the defendant a race 

 horse. No money was paid or time fixed for 

 payment. The horse required firing, which was 

 done in the defendant's presence, and after a time, 

 by defendant's orders, the animal was turned out 

 to grass. The entry of turning it out, however, 

 was made in the sellers' name, in the park-keeper's 

 books. After a time, the defendant refused to 

 take the horse, and the sellers brought their action. 

 They were nonsuited, on the ground that there had 

 been no actual receipt, because the sellers were 

 not bound to deliver the horse without payment, 

 and from the circumstances they had never lost 

 possession or control of the horse. 



(^) 5 B. & A. So.j. 



