BAEGAIN, SALE AND EXCHANGE. 5 



The 17th section of the Statute of Frauds was the founda- Bujang a 

 tion of the law goyerning the transfer of goods and chattels ^°^^'^ ^* ^P^' 

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

 and selling of horses of that value. 



That statute was further extended by 9 Geo. 4, c. 14, Sale of Goods 

 s. 7, commonly called Lord Tenterden's Act. But those ■*■*=*> ^^^'•^' 

 enactments were repealed by section 60 of the Sale of Goods ^' ' 

 Act, 1893 (56 & 57 Vict. c. 71), and such contracts are 

 now governed by the provisions of section 4 of that Act, 

 sub-sections (1) and (2) of which are substantially a repro- 

 duction of section 17 of the Statute of Frauds and section 7 

 of Lord Tenterden's Act respectively. 



The words of sub-sections (1) and (2) of the 4th section of 

 the Sale of Goods Act, 1893, are as follows : 



(1) " A contract for the sale of any goods of the value 

 of 10/. or upwards shall not be enforceable by action 

 unless the buyer shall accept part of the goods so sold, 

 and actually receive the same, or give something in earnest 

 to bind the contract, or in part payment, or unless some 

 note or memorandum in writing of the contract, be made 

 and signed by the party to be charged or his agent in that 

 behalf 



(2) " The provisions of this section apply to every such 

 contract, notwithstanding that 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 pro- 

 vided, or fit or ready for delivery, or some act may be 

 requisite for the making or completing thereof, or rendering 

 the same fit for deKvery." 



Where an action was brought on a verbal contract, under C9ij*^act^ 



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 section 17 of the Statute of Frauds as 

 extended by section 7 of Lord Tenterden's Act, and which 

 could 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 might and would have been shown by 

 parol evidence to be so, and that there could be no doubt 

 of the fact. It was also held, that this contract was not 



■within the 

 section. 



