S. 17 of the Statute of Frauds, 29 Car. 2, c. 3, is as follows:
17. And be it enacted, that from and after the said four and twentieth day of June , no contract for the sale of any goods, wares, and merchandises, for the price of ten pounds sterling, or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part-payment, or that some note or memorandum in writing of the said bargain be made, and signed by the parties to be charged by such contract, or their agents thereunto lawfully authorized. The use of the word "bargain" in the section lent some support to the argument that the section applied only to a "bargain and sale," that is, a sale as distinguished from an agreement to sell. In 1828 all doubt as to the application of s. 17 to executory contracts was removed by s: 7 of Lord Ten-terden's Act, 9 G. 4, c. 14, which, after reciting s. 17 of the Statute of Frauds and a corresponding Irish statute, enacted: That the said enactments shall extend to all contracts for the sale of goods of the value of ten pounds sterling and upwards, notwithstanding the goods may be intended to be delivered at some future time, or may not at the time of such contract be actually made, procured or provided, or fit or ready for delivery, or some act may be requisite for the making or completing thereof or rendering the same fit for delivery.
S. 17 of the Statute of Frauds and s. 7 of Lord Tenterden 's Act were re-enacted in Ontario in a consolidated form (R.S.O. 1914, c. 102, s. 12), in which by error the word "price" was retained instead of the word "value," notwithstanding that it had been held in England that the effect of reading the two sections together was that the word "value" must be read into s. 17 in_place_of_the word "price."
Harman v. Reeve, 1856, 18 C.B. 586 (agreements for sale and for agistment in one contract) ; Willis, Sale of Goods, p. 63.