THE NOTE OR MEMORANDUM IN WRITING. 15 



documents must appear on the face of them, for it cannot 

 he supplied by parol evidence («), which can only he used 

 to show, what the writing is which is referred to, and which 

 is not admissible to supply any defects or omissions in the 

 written evidence {k). 



An " agreement, letter, or memorandum made for or The stamp 

 relating to the sale of any goods, wares, or merchandize," is -Act. 

 exempted from starop duty (l). 



If at an auction the purchaser's name be signed to a Cataio^ie at 

 catalogue, it must be connected with or refer to the condi- ^^ sale. 

 tions of sale, to make the contract valid {m). And it is not 

 suf&cient where they are merely in the room but not actually 

 attached to the catalogue, or clearly referred to in it ; and if 

 during the sale they get separated, the signatures made 

 after the separation are unavailable (w). 



Where, at a sale of horses, there was a catalogue which 

 contained the number of the lot, the description of the 

 mare to be sold, and the conditions ; and a sales ledger 

 containing the same information with regard to lot and 

 description, together with the name of the purchaser and 

 the price at which the mare was sold, but having no refer- 

 ence to the catalogue which contained the conditions of 

 sale ; it was held that the catalogue and conditions of sale 

 were not sufficiently connected with the sales ledger to 

 make a memorandum within the statute. 



The Court was also of opinion that a letter, which the 

 purchaser subsequently wrote admitting the purchase, did 

 not constitute a sufficient memorandum, because it neither 

 stated a price nor referred to the sales ledger where the 

 price was stated (o). 



The price when agreed upon is a material part of the price when 

 bargain, and must be stated in the memorandum. Thus, agreed upon. 

 where on the 13th June a verbal contract was made for 

 the sale of a horse, warranted five years old, for 200 

 guineas, and in order to take the case out of the Statute 

 of Frauds, the plaintiff gave in evidence the following 

 letter, written by the defendant on the 18th of June : 



(i) Boy dell v. Drummond, 1 1 East, (m) Hinde v. Whitehouse, 7 East, 



142 ; 10 R. E. 450 ; CaMick v. Skid- 568 ; 8 R. E. 676. 



more, 27 L. J., Ch. 153; Fierce t. («) Kenworthy^. Scholfield, 2 B. 



Corf, L. E., 9 Q. B. 217 ; 43 L. J., & C. 945. 



U. B. 52. (o) Pierce ¥. Corf, L. E., 9 Q. B. 



{k) Boydell t. Drummond, 11 210 ; 43 L. J., Q. B. 52 ; 29 L. T. 



East, 142 ; 10 E. E. 450 ; Fitzmau- N. S. 919. And see Eishton t. 



riee v. Bayley, 9 H. L. Cas. 78. Whatmore, 8 Ch. D. 467 ; 47 L. J., 



{t) 33 & 34 Vict. c. 97, Sch. Ch. 629 ; 26 W. E. 827. 

 "Agreement" (3). 



