24 EARNEST. 



moved them out of his sale stable into another 

 stable; and it Avas held that there was here a 

 sufl&cient delivery to satisfy the statute. The 

 key to this and similar cases, seems to be, that 

 the vender, by the terms of the bargain, is con- 

 verted into an agent for the vendee, and thus 

 occupies the double character of principal during 

 the sale and servant upon its completion. It is 

 also sufficient evidence of a delivery, if a purcha- 

 ser, with the privity and approbation of the ven- 

 der, exercises any act of ownership over the 

 goods, though their local situation remains 

 unchanged ; as by selling, (or even showing the 

 animal out for sale) to a third person, or marking 

 the animal in any manner. Delivery to a ser- 

 vant or agent, is equivalent to a delivery to the 

 employer himself. 



In regard to Earnest. 

 " It would seem, that giving a piece of money, 

 however low its value, (supposing it to be < alto- 

 gether parted with,') is sufficient to bind the bar- 

 gain. 



In regard to any signed Note or Memorandum. 

 " It may be useful to observe, that, although 



