Present: Bertram C.J. and Loos A.J. 1919.

MOHAMED EZAK v. MARIKAR.

275-D. C. Colombo, 51,991.

Contract for sale of goods-Enforcement of the contract-Memorandum- Essentials of the contract-Part payment by cheque-Sale of Goods Ordinance, s. 4 (1).

A letter written subsequent to the conclusion of a contract of sale by a party is sufficient to enforce the contract against him if all the ingredients of the bargain agreed - upon by the parties are embodied therein.

Where the letter did not specify the place of delivery, though it was one of the actual terms of the contract, it was held that there was not a memorandum to satisfy the requirements of section 4 of the Sale of Goods Ordinance.

It is not open to a party to rely on letters as constituting the memorandum and to perudiate one of the terms which the memorandum so constituted contains.

Where a cheque is tendered in part payment and is accepted in part payment, it is a part payment within the meaning of section i (1) of Sale of Goods Ordinance, though it be dishonoured later.

THE facts appear from the judgment.

Hayley, for the defendant, appellant.-There is no contract between the