BARGAIN, SALE AND EXCHANGE. .: 



a contract or agreement at a particular day, the other 

 party has a right of rescission at any time before the ratifi- 

 cation by the first (/). Thus, where A. proposed to ex- 

 change horses with B. and give him a specific sum as 

 difference, and B. reserved to himself the privilege of 

 determining upon it by a certain day, and before that 

 day arrived, A. gave notice to B. that he would not confirm 

 the proposed contract, it was held that no action would lie 

 to recover the difierence agreed to be paid by A. [g). 



Where an arrangement is made that the person pro- Eight of trial, 

 posing to purchase shall have the right of trial during a 

 certain time, the other party cannot conclude the negotia- 

 tion ilntil the time allotted has elapsed. Thus A., having 

 a horse to sell, agreed to let B. have him for 30 guineas, if 

 he liked him, and that he should take him a month upon 

 trial. B. accordingly took him, and kept him about a fort- 

 night, and then told A. he Hked the horse but not the 

 price. A. desired him, if he did not like the price, to 

 return the horse, but B. kept him ten days longer, and then 

 returned him. A., however, refused to receive him, and 

 brought an action on the contract for 30 guineas. It was 

 held by the Court of Common Pleas that he could not 

 maintain such action {h). So where a horse was sold by 

 A. to B. upon condition that it should be taken away by 

 the latter and tried by him for eight days, and returned at 

 the end of that period if he did not think it suitable for his 

 purposes ; and the horse died on the third day after it was 

 placed in B.'s stable, without default of either party ; it was 

 held, by Denman, J., that A. could not maintain an action 

 for the price, as for goods sold and delivered («'). 



Where a horse is bought for any price or consideration Buying a 

 under the value of 10^., and there is not an actual payment ^°™ ""'^^'^ 

 and delivery at the time of sale, and the contract is to be 

 performed within a year, the bargain may be bound by any 

 of the following five methods {j) ; 1st. An agreement to 

 deliver the horse on a certain day, a day also being agreed 

 upon for payment of the price ; and, in default, the buyer 

 may have an action for the horse, or the seller for his 



(/) Fayne v. Cave, 3 T. E. 148; W. E. 139; 44 J. P. 651. As 



1 E. E. 679 ; Story on Sales, 99. to when the property in goods 



{g) Eskridge t. Glover, 6 Stew. & delivered on approval, or on " sale 



Port. (Amer.) 264. or return," or other similar terms, 



(A) Ellis V. Mortimer, 1 N. E. passes to the buyer, see further the 



257. provisions of s. 18, r. 4 of the Sale 



(«) JElpMck V. £arnes, 5 C. P. of Goods Act, 1893. 

 D. 321; 49 L. J., C. P. 698; 29 (/) Sheppard's Touch. 225. 



B 2 



