SIGNED NOTE OR MEMORANDUM. 25 



the names of both parties must appear upon the 

 face of the memorandum, or at least, in some 

 writing capable of being connected therewith by 

 sound legal inference, yet the signature of the 

 party sought to be charged, or of his agent is 

 sufficient; and this term, signaturCy be it observed, 

 is not here used in the limited sense of suhscrip' 

 Hon, so as to require the party to sign his name 

 at the end of the instrument, but is equally appli- 

 cable in whatever part the name is written. 

 Whether sales by public auction are within the 

 Statute of Frauds has long been a disputed point, 

 the later opinion is in favour of their being so ; 

 and it therefore becomes necessary to mention 

 here, that the auctioneer, is, in such sales, the 

 agent of both parties. 



" Upon the regular completion of the sale, the 

 property in the article is transferred to, and ab- 

 solutely vested in the vendee; and the purchaser, 

 thenceforward, stands by all risks, and is the sole 

 sufferer from any injury which may happen to 

 the animal, otherwise than through the negligence 

 of the vender. As in the example given by 

 Blackstone: If A sells a horse to B for £10, 

 and B pays him earnest, or signs a note in writ- 

 ing of the bargain, and afterwards, before the 



