Broadly speaking, this section of the statute includes all contracts for the sale of goods for the price specified. The term sale being understood in its ordinary meaning, that is, a transfer of the property rights in goods. The statute is also held to apply to executory contracts of sale as well.1 It includes also the sale of goods by auction,2 and likewise the transfer of goods by barter and exchange;3 a sale of a part interest is also included as within the statute. The value of the goods may not have been determined at the time of sale owing to the fact that the quantity remained indeterminable, the price eventually determined upon, will then control, in determining whether they are within the statute, or, whether the price as eventually shown is not sufficient to bring them within the statute.4 Where a number of articles are bought, the aggregate value of which exceeds the necessary statute price, the contract is within the statute.5

1 Brown vs. Farmer's L. & T. Assn., 117 N. Y., 266.

A contract of sale is none the less within the statute, because there is incorporated in the contract ancillary agreements which are not within the statute.6 In the case cited the court decided that a contract for the sale of a mare, was not taken out of the statute, because of an agreement for the feeding of the mare and another mare, which was not included in the sale.