Important exceptions to the rule that no special form is required for a contract of sale were made by the Statute of Frauds, 29 Car. 2, c. 3, ss. 4 and 17.

Section 4 of that statute is as follows:

4. And from and after the said four and twentieth day of June [1677] no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate; or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriages of another person; or to charge any person upon any agreement made upon consideration of marriage; or upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them; or upon any agreement which is not to be performed within the space of one year from the making thereof; unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.

This section has been re-enacted in Ontario in substantially the same terms: R.S.O. 1914, c. 102, s. 5.

In a book specially devoted to the law of sale of goods it is not necessary to comment at length on s. 4. Ordinarily a contract for the sale of goods will not come within s. 4, but it may happen that it comes within this section as well as within s. 17 of the Statute of Frauds or the corresponding provision of the Sale of Goods Act. It has been held, for instance, that s. 4 of the Statute of Frauds, so far as it relates to agreements not to be performed within the space of one year from the making thereof, applies to agreements for the sale of goods and is not repealed by the Sale of Goods Act. Therefore an agreement, for the sale of goods is not taken out of the opera,-tion of s, 4 of the Statute of Frauds by reason of there having been acceptance and actual receipt by the buyer of part of the goods sold.

Prested Miners Co. v. Gardner, [1911] 1 K.B. 425; as to acceptance and receipt, see 26.