GATHERING TERMS OF CONTRACT FROM LETTERS. 581 



you have another horse that I shall buy, the same expense will 

 bring the two up ; therefore, as the mare lays out, turn her out 

 with my mare. I will meet you at West Wycombe which day you 

 like, and pay you at once. 



"W. Norton." 



This and three other appointments were broken ; and in answer to a 

 remonstrance i'rom the plaiutitf, defendant wrote thus — 



"October 26. 

 " Of course I mean to have the mare ; and if you had read my note 

 properly it would have saved you a great deal of trouble. My 

 son will be at World's End on Monday, when he will take the 

 mare and pay you. If you want to go elsewhere, send anybody 

 with a receipt, and the money shall be paid— only say in the 

 receipt, sound and quiet in harness.'" 



On October 27th plaintift* wrote — 



'' I send the mare as desired ; she is warranted sound and quiet in 

 double harness. I never put her in single harness, as I never 

 wanted it." 



The mare was accordingly sent, and left with the landlord at the 

 World's End, where the defendant's son took her away without any 

 receipt or warranty, and rode her home to the defendant's. In a 

 couple of days her legs swelled, and she was sent home as unsound; 

 but plaintiff" would not receive her, and she was turned out of the 

 yard, and wandered no one knew where. The defendant's son and 

 the person who took her back spoke to her unsoundness, and the 

 former said that his father had been angry with him for bringiug 

 her buck without a receipt. The jury found that the defendant had 

 not accepted the mare, and that the son had no authority to bring 

 her home without, and gave a verdict accordingly. A rule to enter 

 it for the plaintiff for £21 was discharged. And 2)er Curiam: "The 

 correspondence amounts altogether merely to this — that the defendant 

 agrees to give 20gs. for the mare if there is a warranty of her being 

 sound and quiet in harness generally, but to this the plaintiff has 

 not assented, and thus the parties never contracted ad idem. There 

 is nothing in the parol evidence of the acts or conduct of the parties 

 to supply the deficiency in the contract. The defendant is not bound 

 by his son's conduct at the World's End, as he gave him only a limited 



