The law of horses, including the law of innkeepers, veterinary surgeons, &c. and of hunting, racing, wagers & gaming / by George Henry Hewitt Oliphant.

  • Oliphant, George Henry Hewitt
Date:
1896
Catalogue details

Licence: Public Domain Mark

Credit: The law of horses, including the law of innkeepers, veterinary surgeons, &c. and of hunting, racing, wagers & gaming / by George Henry Hewitt Oliphant. Source: Wellcome Collection.

Provider: This material has been provided by The University of Glasgow Library. The original may be consulted at The University of Glasgow Library.

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    and pay for him; to this B. assented. The horse died the day hefore 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). Criterion for The conduct of the buyer after the receipt of the goods determining wiu 0ften be the criterion for determining whether he has StSSdS accepted them (n); as, e.g., where he makes an unreason- or not. able delay in notifying his rejection (nn), 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 Where a person, who has contracted for the purchase of buyer offers a horse or any other goods, offers to resell them as his own, to resell. -j. ig a questi0n 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 (pj)). Where goods An agreement for the resale of goods by the vendee is are agreed to sufficient evidence of a delivery and acceptance, as against be resold- 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, contractae argu- mentum (r). It recognized two kinds of earnest,—sym- bolical and pecuniary; the one being a transfer of some- (m) Tempest v. Fitzgerald, 3 B. & Aid. 680 ; 22 R. E. 526. («) Farker v. Wallis, 5 E. & B. 28 (mm) Bushell v. Wheeler, 15 Q. B. 442. (o) Farker v. Wallis, 5 E. & B. 21- , rp loo) Kibble v. Gough, 38 L. 1., N. S. 204—C. A. ; Fogey. Morgan, 15 Q. B. D. 228 ; 54 L. J., Q. B. 434; 53L.T..N. S. 126; 33 W.E. 793—C. A. See also Nicholson v. Bower, 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. E. 486. (p) Blenkinsopv. Clayton,! Taunt. 597 ; 18 E. E. 602. (pp) Rickard v. Moore, 38 L. T., N. S. 841—C. A. (a) Chaplin v. Rogers, 1 East, 192; 6 E. E. 219. (r) 2 Bla. Com. 447.
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