THE SIGNATURE BY AN AGENT. 23 



names the purchaser aloud, and on the sign of assent from 

 him makes a note accordingly in the book, is a memo- 

 randum in writing by an agent within the statute {p). 

 The book in which the entry is made must, however, be 

 suiEciently connected with the conditions of sale (q). 



A memorandum drawn up by the agent of both parties Clear recog- 

 by the authority of the defendants, in their presence, and lut'oiof 



• • . contract bv 



recognized by them at the time, though unsigned by them- parties 

 selves, yet with their names inscribed on the document by sufficient. 

 him, will bind them and satisfy the statute (r). But a 

 memorandum written ia the buyer's book, drawn up and 

 signed by a person who is the agent of the seller only, 

 although this was done at the request of the buyer, will not 

 bind him (s). 



Delivery and Payment. 



The right of property and the right of possession are Eights of 

 distinct from each other ; the right of possession may be in property and 

 one person, the right of property in another {t). For by P"^^'^^^'""- 

 the law of England, possession is not proof of property («)• 

 It is, at the same time, presumptive proof of ownership, 

 and may be acted on as such (v). 



When the contract is executed, the possession and the Executed and 

 right are transferred together ; where it is executory, the e^iecutory 

 right only vests, and the reciprocal property is not in ''°^ "'' ^' 

 possession, but in action ; for a contract executed (which 

 when it relates to an exchange or sale of goods differs in 

 nothing from an assignment) conveys a chose in possession, 

 a contract executory conveys only a chose in action («). 



It is clear that by the law of England the sale of a Property may 

 specific chattel passes the property in it to the vendee with- P^^.^ mthout 

 out delivery. Even in this case, however, if the contract ^' 



show that there is no intention to pass the property until 

 something be done by the seller, either in order to prepare 

 the goods for dehvery, or for the purpose of ascertaining 



{p) Bird V. Boulter, 4 B. & Adol. (i!) Tarling v. Baxter, 6 B. & C. 



443. 364 ; Sale of Goods Act, 1893, 



{q) Pierce r. Corf, L. E., 9 Q. B. s. 18, r. 1. 



310 ; and see depositories and Auc- [a) See per Best, C. J., Williams 



tions, post, pp. 38, 39. v. Barton, 3 Bing. 145. 



(r) Durrell y. Mans, 31 L. J., (r) Webb v. Fox, 1 T. E. 397 ; 



Ex. 337. 4 E. E. 472 ; Pijson v. Chambers, 9 



{s) Graham t. Musson, 5 Bing. M. & "W". 460. 



jSf. C. 603. And see Murphy v. («) 2 Steph. Com. 112. See also 



Boese, L. E., 10 Ex. 126 ; 44 L. J., s. 1, sub-s. (3), of the Sale of Goods 



Ex. 40 ; 32 L. T., N . S. 122. Act, 1893, ante, p. 2. 



