12 



CONTRACTS CONCERNING HORSES, ETC. 



Criterion for 

 determining 

 "whether goods 

 are accepted 

 or not. 



Where a 

 buyer offers 

 to resell. 



Where goods 

 are agreed to 

 be resold. 



and pay for him ; to this B. assented. The horse died 

 the day before A.'s return, and he refused to pay the price. 

 It was held by the Court of King's Bench that this was a 

 ready-money bargain, and, as the purchaser could have no 

 right to take away the horse till he had paid the price, 

 that there was no acceptance of the horse within the mean- 

 ing of the Statute of Frauds (m) . 



The conduct of the buyer after the receipt of the goods 

 will often be the criterion for determining whether he has 

 accepted them («) ; as, e.g., where he makes an unreason- 

 able delay in notifying his rejection (««), or deals with them 

 in an unreasonable manner (o). And there are cases which 

 show that, without any act of ownership, the act of ex- 

 amination of the goods, involving as it does an admis- 

 sion of the existence of the contract, is evidence to go to the 

 jury of an acceptance by the buyer (oo). 



Where a person, who has contracted for the purchase of 

 a horse or any other goods, offers to resell them as his own, 

 it is a question for the jury whether or not a delivery to and 

 acceptance by himself has been proved (p). Where, how- 

 ever, the defendant offered goods which he had refused to 

 accept, for resale in the market, stating at the same time 

 that he had not accepted them, and that he would have to 

 make other arrangements before he could sell, it was held 

 that there had been no acceptance (pp). 



An agreement for the resale of goods by the vendee is 

 sufficient evidence of a delivery and acceptance, as against 

 him, to leave to the jury (q). 



Two kinds of 

 earnest. 



The Earnest and Part Payment. 



The civil law called the earnest " Arrha," and this it 

 interprets to be " emptionis-venditionis, contractaB argu- 

 mentum " (r). It recognized two kinds of earnest,- — sym- 

 bolical and pecuniary ; the one being a transfer of some- 



()») Tempest v. Fitzgerald, 3 B. & 

 Aid. 680 ; 22 R. R. 526. 



(n) Parker v. Wallis, 5 E. & B. 

 28. 



(««) Biishell V. Wheeler, 15 Q. B. 

 442. 



(o) Farher v. Wallis, 6 E. & B. 

 21. 



(oo) Kibble v. Gouffh, 38 L. T., 

 N. S. 204— C. A. ; PageY. Morgan, 

 lo Q. B. D. 228; 54 L. J., Q- B. 

 434 ; 53 L. T., N. S. 126 ; 33 W. E. 



793 — C. A. See also Nicholson v. 

 Fotcer, 28 L. J., Q. B. 97; and 

 cf. Taylor v. Smith, [1893] 2 Q B. 

 65; 61 L. J., Q. B. 331; 67 L. T., 

 N. S. 39 ; 40 W. R. 486. 



(p) Blenkinsopy. Clai/ton,7 Taxmt. 

 597; 18 E. R. 602. 



(pp) Sickard v. Moore, 38 L. T., 

 N. S. 841— C. A. 



(q) C/iMplin V. Sogers, 1 East, 192 : 

 6 R. R. 249. 



{>■) 2 Bla. Oom. 447. 



