The sections of the Statute of Frauds which relate to the necessity of a writing are Sections 1, 2, 3, 4, 7, 8, 9, 17. A summary of these sections is as follows:

Section 1. Leases and estates or interests in lands created by parol and not put in writing and signed by the parties creating them, or their agent, shall have the effect only of estates at will.

Section 2. Except leases not exceeding the term of three years whereupon the rent amounts to at least two-thirds of the full value of the thing demised.

Section 3. No leases, estates or interests in land not being copyhold or held under customary tenure, shall be assigned, granted or surrendered, unless by deed or note in writing signed by the party so assigning, granting, or surrendering, or his agent.

Section 4. No action shall be brought to charge any executor or administrator on any special promise to answer damages out of his own estate; (2), or to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person; (3), or to charge any person upon any agreement made upon consideration of marriage; (4), or upon any contract or sale of lands, tenements, or hereditaments, or any interest in them; (5), or upon any agreement that is not to be performed within one year of the making thereof; (6), unless the agreement or some memorandum or note thereof shall be in writing and signed by the party to be charged, or by some person thereunto by him lawfully authorized.

4 See, e. g., Goodrich v. Nichols, 2 Root, 496, holding the entire contract unenforceable, and the contrary decision of Mercier p. Campbell, 14 Out. L. Rev. 639, which is criticised in 46

Can. Law Journal, 273, and 25 Law Quar. Review, 194.

5 See infra, Sec. 781.

6 See cases supra, n. 3. Cf. diss. opinion in Howard v. Brower, 37 Ohio St. 402.

Section 7. All declarations of trusts or lands shall be proved by some writing signed by the party who is by law enabled to declare such trust, or by his last will in writing, or they shall be utterly void.

Section 8. Provided that trusts by operation of law shall have the same effect as if this statute had not been made.

Section 9. All grants or assignments of any trusts shall likewise be in writing signed by the party granting or assigning the same, or by such last will or devise, or else shall likewise be utterly void.

Section 17. No contract for the sale of any goods, wares, and merchandises for the price of 10 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.

Of these sections only section four and section seventeen fall within the scope of this book.