b • CONTRACTS CONCERNING HORSES, ETC. 



Buying- a The 17th sectlon of the Statute of Frauds is the founda- 



horse at 10/. ^'qj^ q£ ^j^g ]^g^.^ o^overniuff the transfer of goods and chattels 



or ui^'WcirQS cj cj o 



worth 10/. or upwards, and among other things the buying 

 and selling of Horses of that value. 

 Statute of The words of the 17th section of the Statute of Frauds 



Frauds, s. 17. r^j.Q ^g follows I " And be it enacted, that no contract for 

 the sale of any goods, wares or merchandizes, for the price 

 of 10/. or upwards, shall be allowed to be good, except the 

 buyer shall accept part of the goods so sold, and actnalhj 

 receive the same, or give something in earnest to bind the 

 bargain, or in part payment^ or that some note or memoran- 

 dum in writing of the said bargain be made and signed by 

 the party to he charged by such contract, or their agents 

 thereunto lawfully authorized." 

 Extended by This statute was further extended by 9 Greo. 4, c. 14, 

 9 Geo. 4, c. 14. commonly called Lord Tenterden's Act, by the' 7th sec- 

 tion of which it is enacted, that "the provisions of the 

 Statute of Frauds shall extend to all contracts for the sale 

 of goods to the value of 10/. om 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." 

 Effect of ex- The 17th section of the Statute of Frauds, and the 7th 

 tension. section of Lord Tenterden's Act, must be read together ; 



the effect of which is to substitute for the words " for the 

 price of 10/.," in the 17th section of the Statute of Frauds, 

 the words "of the value of 10/.," and thus to make the 

 rule uniform in all cases (.s) . Accordingly, where an 

 action was brought on a verbal contract, under which the 

 plaintiff agreed to sell to the defendant a certain Mare 

 and Foal, and at his own expense to keep this and 

 another Mare and Foal which belonged to the defendant 

 for a certain fixed time, and the defendant agreed to 

 purchase the first-named Mare and Foal and to fetch them 

 away at the end of the term thus fixed, and to pay the 

 plaintiff the sum of 30/. ; it was held, that this contract 

 was one within the statute, and which coidd not therefore 

 be enforced, inasmuch as though it did not very distinctly 

 appear on the face of the contract that the plaintiff's 

 Mare and Foal were worth more than 10/., yet that they 



118; Wa'iHY. JFf/rltcrs, 2 Sin. Jj. G. (.s) Scoff v. Fasfcm Counties E. 



8th ed. 261, 262 ; and see Benj. on Co., 12 M. & W. 33. 

 Sales, 2nd ed. 91, 



