In a barter, the consideration is paid in goods or merchandise, susceptible of valuation, and is not a payment in money.28 Where a liquor dealer furnishes liquor, and receives in payment pool checks which he has previously sold, and worth the price of the liquor, the transaction is a barter, not a sale.29 One thing of importance in distinguishing between a sale, and barter, lies in the different form of pleading required in case the contract was broken. In an action on an agreement to exchange, the declaration must contain a count on the agreement itself.30 The terms, sale and barter, are never to be used interchangeably, their meaning in law is absolutely fixed; a power in an agent to sell would not for instance, give the agent the authority to barter or exchange.31

28 Williamson vs. Berry, 8 How., 544.

29 Rickart vs. People, 79 Ill., 85. Vol. 5-2

30 Vail vs. Strong, 10 Vt., 453.

31 Edwards vs. Cottrell, 43 Iowa, 194.