The seventeenth section of the English Statute of Frauds 1 is as follows:
"And be it further enacted by the authority aforesaid, That from and after the said four and twentieth day of June [A. D. 1677] 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 of 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." There is a corresponding enactment in all of the United States except Alabama, Delaware, Kansas, Kentucky, Louisiana, New Mexico, North Carolina, Texas, Virginia, and West Virginia. The language of the American statutes is not uniform and often not quite the same in meaning as that of the English statute. Reference will be made hereafter to these changes in wording.
129 Car. II, c. 3, Sec. 17.
509 Statute of Frauds in Sales Act.
The effect of the English statute has been preserved in the English Sale of Goods Act, section 4, though the wording has been changed and elaborated. In the American Uniform Sales Act,2 except in one or two particulars which will be hereafter referred to, the wording of the later English statute has been followed, the section reading:
(1) A contract to sell or a sale of any goods or choses in action of the value of five hundred dollars 3 or upwards shall not be enforceable by action unless the buyer shall accept part of the goods or choses in action so contracted to be sold or sold, and actually receive the same,4 or give something in earnest to bind the contract, or in part payment, or unless some note or memorandum in writing of the contract or sale5 be signed by the party to be charged or his agent in that behalf.
(2.) The provisions of this section apply to every such contract or sale, notwithstanding that the goods may be intended to be delivered at some future time, or may not at the time of such contract or sale be actually made, procured, or pro-
2 This statute was enacted in 1907 by Arisons, New Jersey and Connecticut; in 1908 by Massachusetts, Rhode Island and Ohio; in 1910 by Maryland, in 1911 by New York and Wisconsin; in 1913 by Michigan and Alaska; in 1915 by Illinois, Nevada and Pennsylvania; in 1917 by Minnesota, North Dakota, Utah and Wyoming, and in 1919, by Idaho, Iowa, Oregon and Tennessee.
3 This was amended to $2,500 in the act as passed in Ohio; to $100 in Connecticut and Michigan; to 150 in Minnesota, New York and Wisconsin.
4 The requirement of actual receipt was considered in Castle v Swift, 132 Md. 631, 104 Atl. 187.
5 See Falletti v. Carrano, 92 Conn. 636, 103 Atl. 753.
Tided, 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; but if the goods are to be manufactured by the seller especially for the buyer and are not suitable for sale to others in the ordinary course of the seller's business, the provisions of this section shall not apply.6
(3,) There is an acceptance of goods within the meaning of this section when the buyer, either before or after delivery of the goods, expresses by words or conduct his assent to becoming the owner of those specific goods.