FRAUDS, STATUTE OF. This writing may be a letter. See LETTER •, 4 Bingh. 653; 3 ketc. Mass. 207 ; 16 Me..458.
An express consent to a sale may be given verbally, when it is not required by .the sta tute of frauds to be in writing. '` When a party, by his acts approves of w-hat has been done, as, if he knowingly uses goods which have been left at his 'house by anaher who intended to sell than, he will by that act confirm the sale.
5. In order to pass the pro.perty by a sale, there must be tin expiessmor inaplibcragree ment that the title shall pass. An agree ment for the sale of goods is prima 'facie a bargain and sale of those goods ; but this arises merely from the presumed intention of the' parties ; and if it appear that the parties have agreed, not that there shall be a mutual credit by which the property is to pass from the seller to the buyer and the buyer is bound to pay the price to the seller, but that the exchange of the money for the goods shall be made on the spot, no property is transferred ; for it is not the intentim of the parties to transfer any. 4 Wash. C. C. 79. See 20 Ohio, 304 ; 3 Sandf. N. Y. 230 ; 1 C. Bz 385. But on the contrary when the making of part-payment, or naming a day for payment, clearly shows an intention in the parties that they should have some time to complete the sale by payment end delivery, and that they should in the mean time be trustees for each other, the one of the property in the chattel and the other in the price. As a general rule, when a bargain is made for the purchase of goods and nothing is said about payment and delivery, the pro perty passes immediately, so as to cast upon the .purchaser all future risk, if nothing remains to be done to the goods, although he cannot take them away without paying the price. 5 Barnew. & C. 862 ; 6 Dan. Ky. 48;
7 id, 61 ; 13 Pick. Mass. 183.
6. The above rules apply to sales of per sonal property. The sale of real estate is governed by other rules. When a contract has been entered into for the sale of lands, the legal estate in such lands still remains vested in the vendor, and it does not become vested in the vendee until he shall have received a lawful deed of conveyance from the vendor to him ; and the only remedy of the purchaser at law is to bring. an action on the contract and recover pecuniary damages for a breach of the contract. In equity, nowever, after a contract for the sale, the lands are considered as belonging to the purchaser, and the court will enforce his rights by a decree for a specific performance ; and the seller will be entitled to the pui, chase-money. Williams, Real Prop. 127. See SPECIFIC PERFORMANCE.
In general, the seller of real estate does not guarantee the title ; and if it be desired that he should, this must be done by insert ing a warranty to that effect. See, generally, Brown, Blackburn, Long, Story, on Sales ; Sugden, on Vendors; Pothier, Yente ; Duver gier, Yente ; 2 Keirt, Comm. 10th ed. 640 et seq. ; Parsons, Story, on Contracts ; CON TRACTS ; DELIVERY ; PARTIES ; STOPPAGE IN TaANS1TU.
A memorandum given by a broker to a seller or buyer of goods, stating the fact that certain goods have been sold by him on account of a person called the seller to another person called the buyer. Sale-notes are also called bought and sold notes, which see.