DELIVERY AND ACCEPTANCE. 23 



By the Statute of Frauds it is enacted, ' that no 

 contract for the sale of any goods, wares, or 

 merchandize, for the price of £10 or upwards, 

 shall be allowed to be good, except the buyer 

 shall accept part of the goods so sold, and actually 

 receive the same, or give something in earnest to 

 bind the bargain, or in part of payment ; or that 

 some note, or memorandum, in writing, of the 

 said bargain, be made and signed by the parties 

 to be charged by such contract, or their agents 

 thereunto lawfully authorized.' " 



In regard to Delivery and Acceptance. 



" It is necessary to observe, that a manual 

 transfer or actual delivery and acceptance is not 

 in every case essential ; for the law will often, 

 from certain acts, imply a delivery to satisfy the 

 statute. In the case, e. g., where the plaintiff, 

 who kept a livery stable and dealt in horses, was 

 in treaty with the defendant for the sale of two 

 horses, and the defendant offered a less sum than 

 was demanded, but at length sent word that 

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

 servant nor stable, the plaintiff must keep them 

 at livery for him.' The plaintiff, upon this, re- 



