IIORSi: "WAUKANTY, 



(loalor in Iiulia ; at the same time so dilTicult 

 is it to apply a statute or a code to all cases of 

 contract, that even in India, constant rcforence 

 is made to Englisli precedents, and with great 

 advantage, for nowhere in the world is justice so 

 well administered as in Great Britain, or iu such 

 faith and good conscience. 



Blackstone defines "A bargain and sale of 

 goods," which is the common law term for a sale 

 of personal property, to be "a transmutation of 

 propei-ty from one man to another, in considera- 

 tion of some price." By some price is meant 

 some equivalent in money. An exchange of a 

 horse, for so many cows or sheep, is not a sale, 

 l^'armers call it a swop ; by law it is called a 

 barter. In this short Work it is proposed to treat 

 of the sale of horses for money. A sale may 

 take place under one of two forms or methods: — 

 One where the seller, suppose a dealer, takes a colt 

 to a fair ; the buyer comes iip and, after bargain- 

 ing about the price, pays the mont'y witliout any 

 stii)ulation, and leads the horse away l>y the 

 halter. ])e;il«rs rail this an out <nul out sale. 

 The other form, and the more usual one, is where 

 the sale and jturehaso is not then and there finally 

 completed, but after the bargain is made some- 

 thing more remains to be done. 



This fonn of Ijargain and sale lawyers call " an 

 executory contract." To elTect a valid bargain 

 and sale at common law, all tliat was necessary 



