222 



are only quoted to illustrate the principles on 

 which these rules are founded. But with a view to 

 systematic arrangement of the subject, I shall take 

 it up from its natural beginning, and consider very 

 briefly the origin of these rules: they are essentially 

 founded upon an act of 29 Char. II. cap. 3, usually 

 called the Statute of Frauds. By the 17th section 

 of this act, it is provided that no contract for the 

 sale of any goods for the price of £10 or upwards, 

 shall be good, except the buyer shall accept and 

 actually receive part of the goods so sold, or give 

 something in earnest to bind the bargain, or in part 

 payment, or except some note or memorandum in 

 writing shall be made and signed by the parties to 

 the contract, or their agents, lawfully authorised. 

 By another act, the 9th Geo. IV. cap. 14, the 

 enactments of the last statute are extended to all 

 contracts for the sale of goods of the same value, 

 although the delivery of them may be intended to 

 be made at a future time, or although the goods 

 may not at the time of the contract be actually 

 made or fit for delivery. It is clear that the cases 

 likely to arise upon these statutes, will turn prin- 

 cipally upon what a delivery of goods consists in, 

 what amounts to an earnest or part payment, and 

 what will constitute a memorandum made and 

 signed by the parties or their agents. 



