(Note: As stated in the text, it is not necessary to put contracts of sale in writing except as required by the statute of frauds. If there is delivery of all or part, or payment of all or part of the purchase price, writing becomes unnecessary. It may be desirable, however, to give a formal bill of sale, but in mercantile contracts such formal instruments are seldom made use of. Personal chattels, unlike real estate, seldom stand in any one's name as a matter of record, and although formal deeds are always used and must be used in transfers of real estate, formal bills of sale are comparatively rare. One has only to think of what transpires when he purchases merchandise at a retail store to have this impressed upon him. A brief memorandum is here given that will fulfill the requirements of the statute of frauds, or may be used for other reasons to preserve the evidence of the transaction.)
Chicago, August I, 1911. John Smith has this day sold to James Hicks, his black horse, named Tom, weight about 1400 pounds, white spot on forehead, for the sum of Two Hundred Dollars, One Hundred Dollars of which has been paid, the receipt of which is hereby acknowledged, and the other hundred dollars of which is to be paid in six months, as evidenced by the promissory note of the purchaser of same date as this memorandum. The said John Smith warrants the said horse to be sound in all respects and a good buggy horse. It is agreed that the said Hicks may keep the horse in said Smith's pasture during the month of August, 1911, without charge if he so desires.
The following is a memorandum made by an agent which was held sufficient to satisfy the statute of frauds:
"February 29 bought of Isaac Clason, of Bailey & Voorhees, 3,000 bushels of good merchantable rye, deliverable from the 5th to the 15th of April next, at $1.00 per bushel, and payable on delivery" (Clason v. Bailey, 14 Johns. Reports, (N. Y.) 484).