"No contract for the sale of any goods, wares, or merchandise for the price of ten pounds sterling or upwards, shall be allowed to be good except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part payment, or some note or memorandum in writing of the said bargain, be made and signed by the parties to be charged by such contract or their agents thereunto lawfully authorized."
The English Statute of Frauds has been enacted in substance in all the states. Reduced to single propositions the statute provides:
1. That an executor or administrator shall not be bound by contract to pay damages out of his own estate, unless the contract be in writing.
For example, A is executor of B's estate. C is a creditor of B. A orally promises C to pay B's debt. This contract is not enforceable because not in writing.
2. A party promising to answer for the debt, default or miscarriage of another, shall not be bound unless the contract is in writing.
For example, if A owes B $100 and C promises B to pay A's debt, the contract is not enforceable if not in writing. This clause of the statute is discussed more at length in the chapter on suretyship.
3. A contract made in consideration of marriage is not enforceable unless made in writing.
For example, A orally promised B that if he would marry her, she would convey to him her farm. B married A, but could not enforce the contract. A promise to marry is not within this section of the statute.
4. Any contract or sale of lands must be in writing to be enforceable.