Party To Be Charged

A phrase used in the seventeenth section of the Statute of Frauds, under which, In the case of certain sales, a note or memorandum of the contract must be In writing, ‘‘signed by the parties to be charged by such contract.*' In the.fourth section the language is “by the party to be charged.'* It is held to be suflicient if the signature is only by the part^ against whom the contract is sought to be v. Montgomery, 90 Cal. 307, 27 Pac. 280, 25 Am. St. Rep. 123; Justice v. Lang, 42 N. Y. 493, 1 Am. Rep. 576; and if a written offer be made though accepted by parol; L. R. 1 Exch. 342; contra, Wilkinson v. Ileavenrich, 58 Mich. 574, 26 N. W. 139, 55 Am. Rep. 7()8. The signature may be by mark, or by initials, or printed, if the printed name he shown to have been adopted: Tiff. Sales 75. If the name be shown to have been signed to the writing to authenticate it, it is immaterial in what part of the writing it is placed; L. R. 2 H. L. 127. An agent may he authorized to sign by parol and a subsequent ratification proved; Conaway v. Sweeney, 24 W. Va. 643; Roehl v. Ilaumesser, 114 Ind. 311, 15 N. E. 345. An auctioneer at a public sale may sign for either party; 7 East 55S; Johnson v. Buck, 35 N. J. L. 338, 10 Am. Rep. 243; and so, ordinarily may a broker; Cod- •dington v. Goddard, 16 Gray (Mass.) 436; and his memorandum need not be signed: id. See Frauds, Statute of; Note or Memorandum.