part of the agreement, either at the beginning or in the body of the document, for the purpose of authenticating it, will be equally valid with a signature at the foot; and it is not necessary that both parties should sign the agreement, for the statute only requires that it should be signed "by the party to be charged therewith." The whole of the agreement must be contained in the writing, either expressly or by reference to some other document. And as a 66 memorandum or note" of the agreement is allowed, a writing sufficient to satisfy the statute, may often be made out from letters written. by the party, or from a written offer accepted without any variation, before the party offering has exercised his right of retracting; and when correspondence is carried on by means of the post, an offer is held to be accepted from the moment that a letter accepting the offer is put into the post, although it may never reach its destination.

With reference to contracts for the sale of goods, it is to be observed that the necessary requisites depend partly upon the value of the goods. As to goods under the value of $40, there can be no sale without a tender or part payment of the money, or a tender or part delivery of the goods, unless the contract is to be completed at a future time. Thus, if A. should agree to pay so much for the goods and B., the owner, should agree to take it, and the parties should then separate without anything further passing, this is no sale. But if A. should tender the money, or pay but a cent of it to B., or B. should tender the goods, or should deliver any, even the

smallest portion of them, to A., or if the payment or delivery, or both, should be postponed by agreement till a future day, the sale will be valid, and the property in the goods will pass from the seiler to the purchaser. If, however, any act should remain to be done on the part of the seller previously to the delivery of the goods, the property will not pass to the purchaser until such act shall have been done. Thus if goods, the weight of which is unknown, are sold by weight; or, if a given weight or measure is sold out of a larger quantity, the property will not pass to the purchaser until the price shall have been ascertained by weighing the goods in the one case, or the goods sold shall have been separated by weight or measure in the other. So if an article be ordered to be manufactured, the property in it will not vest in the person who gave the order until it shall, with his consent, have been set apart for his benefit.

With regard to goods of the value of $40 or upwards, additional requisites have been enacted by the seventeenth section of the Statute of Frauds, which provides "that no contract for the sale of any goods, wares and merchandise for the price of £10 sterling or upwards, shall be allowed to be good except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain or in part payment, or that some note or memorandum in writing of the said bargain be made and signed by the parties to be charged by such contract, or their agents thereunto lawfully authorized."

And by a still more recent act, (Con. Stat. U. C. c. 44, s. 11) this enactment "shall extend to all contracts for the sale of goods of the value of $40 and upwards, notwithstanding the goods may be intended to be delivered at some future time, or may not, at the time of such contract, be actually made, procured or provided, or fit, or ready for delivery, or although some act may be requisite for the making or completing thereof, or rendering the same fit for delivery."

If an agreement for sale of goods is not to be performed within the space of one year from the making thereof, then, however small be the value of the goods, no action can be brought upon it, unless the agreement, or some memorandum or note thereof shall be in writing, and signed by the party to be charged there with, or some other person thereunto by him lawfully authorized..

It is convenient, though not necessary, that agreements should be signed by all the parties thereto; and where something is to be done on both sides, it is very useful to have them written in duplicate so that each party may possess one copy-they do not require a seal in all cases. The forms given will in general indicate when a seal is necessary, and when not.

Agreement for the sale of Freeholds.

Articles of agreement made and entered into this day of 18 Between A. B.

,

of, &c., (vendor) of the one part, and C. D., of, &c., (purchaser) of the other part. The said A. B. and

C. D. do hereby respectively for themselves, their respective heirs, executors and administrators agree with each other, That the said A. B. shall sell to the said C. D., and that the said C. D. shall purchase All That, &c., (here describe the premises) with their appurtenances, and the freehold and inheritance thereof in fee simple in possession free from all incumbrances, at or for the price or sum of $ to be paid by the said C. D. unto the said A. B. as follows, that is to say the sum of $ part thereof immediately after the signature of these presents, and the sum of $ being the residue of the said day of

purchase money on the next, at which time the purchase is to be completed, and the said C. D. shall, on and from that day have actual possession of the said premises, all outgoings up to that time being discharged by the said A. B. That the production and inspection of any deeds or other documents not in the possession of the said A. B., and the procuring and making of all certificates, attested, office or other copies of or extracts from any deeds, wills or other documents, and of all declarations or other evidences whatsoever, not in his possession, which may be required, shall be at the expense of the said C. D. That on payment of the said sums of $ and $ at the respective times specified for the payment thereof as aforesaid, the said A. B., and all other necessary parties (if any) shall execute a proper conveyance of the said premises with their appurtenances, and the freehold and inheritance thereof in fee simple in possession, free from all incumbrances unto the

said C. D., his heirs and assigns, or as he or they shall direct. That if from any cause whatever the said purchase shall not be completed on the said day of next, the said C. D. shall pay interest at the rate of per cent. on the said residue of the purchase money from that day till the completion of the purchase. In witness whereof the parties hereto have hereunto set their hands.

Signed by the said A. B. and and C. D., in the presence of

E. F.

A. B.

C. D.

Agreement for Lease with a right to Purchase at a

Definite Sum.

Articles of Agreement made and entered into

this

day of

18 Between A. B. of, &c., (lessor), of the one part, and C. D., of, &c., (lessee) of the other part as follows, namely, The said A. B. hereby agrees to let, and the said C. D. hereby agrees to take, All, &c., (here describe the premises), for the term of

from the

years to be computed next, at the yearly rent day of

payable quarterly on the

day of

of $

the

day of

the

day of

the day of

in every year, the first of

such payments to be made on the day of

next.

The said A. B. his heirs or assigns will, at the request of the said C. D., his executors, administrators or assigns, execute a lease of the said premises to the said C. D., his executors administrators or assigns, for the term and at the rent aforesaid, to be payable as aforesaid. In the said lease