Lord Blackburn has used the following language in commenting on the clause of the statute, in reference to receipt of part of the goods and acceptance: "The receipt of part of the goods is the taking possession of them. When the seller gives to the buyer the actual control of the goods, and the buyer accepts such control he has actually received them. Such a receipt is often evidence of an acceptance, but it is not the same thing; indeed the receipt by the buyer may be, and often is, for the very purpose of seeing whether he will accept or not. If goods of a particular description are ordered to be sent by the carrier, the buyer must in every case receive the package to see whether it answers his order or not; it may even be reasonable to try part of the goods by using them; but though this is a very actual receipt it is no acceptance, so long as the buyer can consistently object to the goods as not answering his order. It follows from this, that a receipt of the goods by a carrier, or on board ship, though a sufficient delivery to the purchaser is not an acceptance by him so as to bind the contract, for the carrier, if he be an agent to receive, is clearly not one to accept the goods."12 To satisfy the statute, the acceptance by the vendee, should be made with the intention of taking possession of the goods of the owner.13

9 Baldwin vs. Williams, 3 Met., 367. 10 Tisdale vs. Harris, 20 Pick. 9.

111 Gooch vs. Holmes, 41 Me., 523.

12 Blackburn on Sales, 22, 23.

It will be seen that delivery, or mere possession by the vendee, is not enough. Acceptance need not be by the vendee in person, however, but may be made by his duly authorized agent. It will also be seen that the vendee has the right of time, for making examination of the goods, and the right of rejecting same, if not in accordance with his order.

The acceptance may never take place, because one of the party may make a disaffirmance of the contract, either with or without just cause, before the acceptance is made, and while the contract is still unenforceable because of the statute.14

The acceptance need not be made expressly, it may be inferred from the acts or conduct of the buyer in reference to the goods, either by the buyer's act in retaining the goods, for an unreasonable length of time after their receipt, without giving notice to the seller of an intention not to accept,15 or by conduct before or after the receipt of the goods, that would be inconsistent with the ownership of the seller.16 Where the goods at the time of the sale are in the hands of a third party, the statute is satisfied, where the third party attorns to the buyer, the seller giving his assent thereto, the third person then holding the goods as bailee of the buyer.17

Receipt of the goods need not necessarily precede acceptance, nor is it necessary that receipt and acceptance be contemporaneous. Acceptance may be made before actual receipt, as where the goods are examined, at the seller's place of business and there accepted, and the seller thereafter delivers them to the buyer by the orders of the latter.

13 Knight vs. Mann, 118 Mass., 143.

14 Remick vs. Sanford, 120 Mass.,

309. 15 Taylor vs. Smith, 2 Q. B., 71.

16 Beaumont vs. Brengeri, 5 C. B.,

301. 17 Boardman vs. Spooner, 13 Allen,

353.