CONTRACTS CONCERNING HORSES, ETC. 



Transfer of 

 property by 

 gift. 



Entire con- 

 tract. 



Severable 

 contract. 



Verbal 

 contract. 



Written 

 contract. 



Eight of 

 rescission. 



(2) " A contract of sale may be absolute or conditional. 



(3) " Where under a contract of sale the property in the 

 goods is transferred from the seller to the buyer the contract 

 is called a sale ; but where the transfer of the property in 

 the goods is to take place at a future time or subject to 

 some condition thereafter to be fulfilled, the contract is 

 called an agreement to sell. 



(4) " An agreement to sell becomes a sale when the time 

 elapses or the conditions are fulfilled subject to which the 

 property in the goods is to be transferred." 



An executed contract of sale was also called " a bargain 

 and sale," and by s. 62 of Act of 1893 (the Interpretation 

 Clause), "sale" includes a bargain and sale as well as a 

 sale and delivery. 



In order to transfer property by gift, there must either 

 be a deed or instrument of gift, or there must be an actual 

 delivery of the thing to the donee. So, where the plaintiff 

 claimed two colts under a verbal gift made to him by his 

 father twelve months before his death, which however 

 remained in his father's possession until his death, it was 

 held, that the property in them did not pass to the son (cc). 



If a person buy a horse and a pony together for 100/., 

 the contract is entire, as there is no means of determining 

 the price of each {d). 



But if he should purchase them both together, agreeing 

 to pay 30/. for the pony, and 70/. for the horse, the con- 

 tract would be severable; and if the seller's title to the 

 pony should fail, the buyer would be obliged to keep and 

 pay for the horse {d). 



Where a bargain is made by word of mouth, all that 

 passes may sometimes be taken together as forming parcel 

 of the contract, though not always, because matter talked 

 of at the commencement of a bargain may be excluded by 

 the language used at its termination (e). 



But if the contract be in the end reduced into writing, 

 nothing which is not found in the writing can be considered 

 as part of the contract (e). 



Where one of the parties has the option of completing 



(cc) Irons T. Smallpkce, 2 Bars. & 

 Aid. 551 ; 21 R. R. 395. See also 

 Cochrane v. 3Ioore, 25 Q. B. D. 57 

 59 L. J., a. B. 377; 63 L. T., N. S 

 153; 38 W. E. 588— C. A. And cf 

 Eilpin T. Satley, [1892] 1 Q. B 

 582 ; 66 L. T. N. S. 797 ; 40 W. E 

 479. 



(d) See Jliner v. Bradley, 22 

 Pick. Rep. 459 (Amer.) ; Johnson t. 

 Johnson, 3 B. & P. 162 ; 6 R. R. 

 736 ; Story on Sales, 164, 190. 



(e) Kain T. Old, 2 B. & C. 634. 

 See also Sale of Goods Act, 1893 

 s. 3. 



