The English statute says that the memorandum shall be signed by the parties to be charged thereby, but the language of the statute in the United States is usually that the memorandum shall be signed by the party to be charged thereby. The general holding, in this country, at least, has been that the memorandum need only be signed by the party against whom it is to be enforced and not by both the parties to the contract.27 But it has been held, that in the case where the contract consists of mutual promises, that both parties must sign, and that unless both parties do sign, the contract would not be binding because of the lack of the element of mutuality.28

24 Ryan vs. United States, 136 U. S., 68.

25 Wardell vs.Williams, 62 Mich., 50. 26 Redus vs. Holcomb, 27 S. R., 524.

The signing may consist of the writing out the name of the person in part, or in full, or it may be by mark, or it may be by any sign that the person to be bound on the contract has used, with the intention of binding himself on the contract. A signature made with a rubber stamp, a printed signature, or the use of the mere initials of the party charged, or the use of a name adopted by the person, or the name that he is known usually by, would suffice as the signature of the party. Signing need not ordinarily be at the end of the memorandum, but may be at the beginning, or in the body of the note or memorandum, if put there with the intention of signing the contract. Where the statute, however, requires that the party to be charged on the contract should subscribe his name, a signing at the end alone would be sufficient.

The statute makes a special provision for a signing by the agent, provided he is lawfully authorized to sign by his principal. It seems that the authority for the purpose of binding the principal, on the contract under the 17th section of the Statute of Frauds, may be conferred, either expressly or impliedly or where one assumes to act as agent without authority, his act may be subsequently ratified, so as to make it the principal's.29

Where the signing is by an auctioneer at an auction sale, this binds the purchaser, for the auctioneer is the agent of the purchaser for the purpose of entering his name as soon as the bid is made. The law, however, requires that the auctioneer sign the name of the purchaser to the memorandum of sale. This signing must be done at the time and place of the sale of the particular thing, knocked down to the bidder. This alone satisfies the statute. Before the sale, the auctioneer is the agent of the seller, but becomes the agent of the buyer as soon as the bid is accepted, for the purpose of completing the sale.

27 Perkins vs. Hadsell, 50 I11., 216. 28 Wilkinson vs. Heaven rich, 58 Mich., 574

29 Hawkins vs. Chase, 19 Pick (Mass.), 502.