SALES AND NOTICES 3147

An. Code, 1924, sec. 24, 1912, sec. 24. 1910, ch. 346, sec. 21 (p. 273).

21. Subject to the provisions of this sub-title and of any statute in
that behalf, a contract to sell or a sale may be made in writing (either
with or without seal), or by word of mouth, or partly in writing and
partly by words of mouth, or may be inferred from the conduct of the
parties.

See notes to sec. 22.

An. Code, 1924, sec. 25. 1912, sec. 25. 1910, ch. 346, sec. 22 (p. 273).

22. A contract to sell or a sale of any goods or choses in action of the
value of fifty dollars or upward shall not be enforceable by action, unless
the buyer shall accept part of the goods or choses in action so contracted to
be sold, or sold and actually receive the same, or give something in earnest
to bind the contract, or in part payment, or unless some note or memoran-
dum in writing of the contract or sale be signed by the party to be charged
or his agent in that behalf.

(2) The provisions of this section apply to every such contract or sale,
notwithstanding that the goods may be intended to be delivered at some
future time, or may not at the time of such contract or sale 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; but if the goods are to be manufactured by the seller
especially for the buyer and are not suitable for sale to others in the ordi-
nary course of the seller's business, the provisions of this section shall not

apply.

(3) There is an acceptance of goods within the meaning of this section
when the buyer, either before or after delivery of the goods, expresses by
words or conduct his assent to becoming the owner of those specific goods.

Oral contract for sale of tomatoes; charging of seed and fertilizer not regarded as
given in earnest to bind contract in absence of evidence that they were so charged
by order or acquiescence of defendant. Hearn v. Ruark, 148 Md. 362.

Letter from accredited salesman confirming oral contract of sale is compliance with
this section as to seller, but does not bind buyer unless he signs or unless signer is
agent of buyer also. Reckord Mfg. Co. v. Massey, 151 Md. 350.

Oral sale of goods of value of $50 is made enforceable by acceptance of goods;
prayers. Defeating buyer's right to reject; evidence. Karwacki v. Holtsberg, 144
Md. 103.

Although order not signed, recognition of order by subsequent letters, held sufficient
memorandum. Kahn v. Carl Schoen Silk Corp., 147 Md. 520.

This section referred to in construing secs. 23 and 94. Engineering & Machine Co. v.
Swindell, 161 Md. 571.

Under Statute of Frauds, as re-enacted in this section, the enforceability of the
agreement depends upon the completeness of the written note, and evidence of parol
negotiations cannot be received to add to or modify the terms expressed in writing.
Frey & Sons, Inc. v. Magness, 161 Md. 380.

Objection to oral contract cannot be made for the first time on appeal. General
Motors Truck Co. v. Texas Supply Co., 64 Fed. (2nd), 527.

Cited but not construed in Laporte Corp. v. Cement Corp., 164 Md. 645; Feeser, Inc.
v. American Can Co., 2 F. Supp. 561.

Where a tenant sells a growing crop of wheat to a party who pays therefor and
tenant gives a receipt, statute is complied with. Evidence tending to show an accept-
ance of goods within meaning of this section. Meaning of term "actually receive."
Constructive delivery of growing crops by tenant to landlord as against subsequent
bona fide purchaser without notice. When a contract is executed defendant may rely
on it, although suit may not be brought on it while executory; contract not executed.
Statute of frauds. See notes to art. 21, sec. 45. Stem v. Crawford, 133 Md. 582.

This section changes rule that a sale of a crop not yet thrashed, shucked or gathered,
was not a sale of goods, wares or merchandise, and hence was not within 17th section
of statute of frauds. Purchaser held to have accepted and received wheat and given
something in payment (if his contention is correct). Although a contract may not be
enforced on account of statute of frauds it may serve as a defense. Willard v. Higdon,
123 Md. 452.