David Josiah Brewer

“ It unnecessary to hold that the horses became the property of plaintiffs. It is enough that they, by receiving this deposit, have ratified the arrangement made by their attorney as to the sale which the sheriff was making, and if they desired a resale of the property they should have directed it. They cannot requdiate the action of their agent and attorney, and treat the sheriff as having made a completed sale, when in fact he had not. ”

“ Without questioning the truth of that proposition, it seems to us that it is inapplicable. No competent sale was made; no title passed; and, while these horses were struck off to Kier, the transaction was evidently merely a conditional sale, to be perfected if, and only if, within five days the balance of the purchase money was paid. ”