32 CONTRACTS CONCERNING HORSES, ETC. 



sound, and not more than seven years old. The horse was 

 delivered to the plaintiff on the following Tuesday, and the 

 price was then paid ; there was nothing in evidence to show 

 that the plaintiff's son knew at the time when he made the 

 bargain that the defendant exercised the trade of a horse- 

 dealer. The horse was unsound, and seventeen years old. 

 It was objected, on the part of the defendant, that the 

 plaintiff could not recover, on the ground that the bargain 

 having been made on a Sunday was void within the 

 29 Car. 2, c. 7, s. 2. The learned judge overruled the 

 objection, and the plaintiff obtained a verdict for the price 

 of the horse. The Court of King's Bench discharged a 

 rule for a new trial, and Mr. Justice Bay ley said, " In this 

 case there was no note in writing of the bargain, and on 

 the Sunday all rested in parol, and nothing was done to 

 bind the bargain. The contract, therefore, was not vaKd 

 antil the horse was delivered to and accepted by the 

 defendant. The terms on which the sale was afterwards 

 to take place were only specified on the Sunday, and those 

 terms were incorporated in the sale made on the subsequent 

 day." 



