IG 



HORSE WAHUANTY. 



Summan* 

 of first ex- 

 ception in 

 17th sec- 

 tion of 

 Statute of 

 Fraud3. 



Summary 

 of Necoiiil 

 eic<-]>tiou. 



tlio auctioneer's clerk may bo the agent (c). 

 " AVhero the bidder, that is, the person to bo 

 charged, by word or sign authorizes the auc- 

 tioneer's clerk to sign on his behalf, ho makes 

 him his agent, although by general custom, the 

 auctioneer's clerk would not be the bidder's 

 agent" {d). 



The result of the English law on these points 

 may be summed up thus : — If a dealer or farmer 

 takes a horse into a fair, or sells it anywhere, say 

 for 30/., and the buyer after agreeing to the price, 

 but without 1 laying for the animal at the moment, 

 hands the horse over to his own servant, or takes 

 it to some stable to stand at his, the buyer's, ex- 

 pense, then the buyer has accepted and received 

 the horse within the meaning of the Statute of 

 Frauds, and the seller can sue for the price of tlio 

 animal sold ; but if no money passes upon the bar- 

 gain, and tho seller ]mis the hnrso back into his 

 string of horses, or into his own stable, or a stable 

 he hires, and nothing more is done, the seller can 

 refuse to go on with tho bargain, and tho buyer 

 can refuse to ratify his bargain or to take tho 

 liorse. 



Again, if after tho buyer and seller liavo bar- 

 gained for tho horse, and settled tho price and 

 terms, if tho buyer gives tho seller something in 



(f) Tlirdr. Jloultn; i B. fc A<1. 443. 



{if) By Blnrkl.uni, J., in r,erct v. Cor/r, L. I{., Q. B. 21.'>. 



