(xi) THE 17TH SECTION OF THE STATUTE OF FRAUDS. . MAKES WRITTEN EVIDENCE NECESSARY Contract made abroad. Test, whether or not an interest in land is created. 44 whether the contract is for goods or work and labour General Considerations as to the Memorandum. The statute does not effect the construction of the document Who is an Agent authorized to sign. Authority need not be in writing One party acting as agent for the other Authority to sign contrasted with authority to contract Auctioneer's clerk not an agent Auctioneer is agent during the sale only Evidence of authority to sign BROKERS, THEIR BOOKS AND NOTES. Broker is agent for both parties to sign Customary authority of brokers to substitute one voyage for another. Distinction between a license to vary and a contract to vary 115 116 117 118 119 120 Intention to pass the property, but in consequence of a mistake 165 Market overt, purchases in 170 Rules for ascertaining the intention Where the goods are not in a deliverable state 175 175 Where a warehouseman has acknowledged the plaintiff's title Whether a stipulation is a condition precedent or a warranty is a Cargo "believed" to be a certain quantity Instructions to an agent to purchase and ship a certain amount Payment within one month": goods demanded before payment 226 Payment two months after "landing" cargo lost "To arrive per 'Mansfield,'" goods transhipped to another vessel 23 "To arrive ex 'Daniel Grant,'" ship arrived, no goods on board 232 ROMAN AND ENGLISH LAW CONTRASTED. Roman law based on two principles, a fixed price 242 242 And delivery necessary to the passing of the property Scotch law, delivery is necessary. A contract of sale in English law operates to create obligations in Maxim, "Res perit domino," is ambiguous. "Risk" is no test of property. Distinction between a sale and a promise to sell Old case from the Year Book, 17 Ed. 4, 1 |