The seventeenth section of the original statute of frauds provided: "And bee it further enacted by the authority aforesaid that from and after the said fower and twentieth day of June noe contract for the sale of any goods, wares or 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 soe sold and actually receive the same or give something in earnest to bind the bargaine, or in part of payment, or that some note or memorandum in writing of the said bargaine be made and signed by the partyes to be charged by such contract or their agents thereunto lawfully authorized."1 This section has been substantially re-enacted in many of the states of the Union. Its effect upon contracts must therefore be considered in connection with the fourth section.