THE STATUTE OF FRAUDS. 15 



There the printed heading of a hill, connected 

 with a subsequent letter by defendant, was held 

 to take the case out of the statute of Frauds. If 

 the party to be charged puts his initials to the note 

 as signing it, such initialing is sufficient (a). 



The ^fercautile Law Amendment Act, 185G 

 (19 & 20 Vict. c. 97), has, by its 3rd section, some- 

 what extended the provisions of the 4th section 

 of the Statute of Frauds. It is there provided 

 that no special promise by one person to answer 

 for the debt of another shall be void because the 

 consideration for such promise does not appear in 

 the writing — that is, in the note. If, then, a 

 farmer in a fair signs a paper, as guarantee for a 

 friend who is buying, the former may be bound 

 by it, even if the amount is not mentioned in the 

 paper. 



The next point to consider is, who is the agent who is an 

 duly authorized to sign ? If an agent be duly "fiti"Ju the 

 appointed or is recognized as such, no difficulty v^^"]^"^* 

 arises. Sometimes, however, the law implies 

 agency; for instance, generally speaking, an auc- 

 tioneer is the agent of both parties at a public sale 

 for the purpose of signing. This has long been 

 established as law (//) ; so, too, it has been held that 



(rt) rhiUimore v. Barnj, 1 Camp. ol3. Sec, also, LordWcst- 

 bui-y's remarks in Caton v. Caton, L. R., 2 II. L. 127, 143. 



{h) EmmcrsoH v. llcelis, 2 Taunt. 38; Jlinde v. Whiklwusc, 7 

 East, ooS; Liorell t. Evans, 31 L. J., Ex. 337. 



