case colt versus NETTERVILL Lord chancellor king bill to compel a performance  of a agreement for transfer pound yorkbuilding stock at pound S per cent  defendant demurrer but demurrer overrule for the case may be attend with such  circumstance as may make it just to decree a specific performance of the party  own agreement or at least to pay the difference the bill be for a specific  performance of a agreement for transfer of some yorkbuilding stock and set  four that the defendant Nettervill pretend to be possess of a great quantity  of yorkbuilding stock and recommend the same to the plaintiff as a rise stock  on the that September agree to sell to the plaintiff pound yorkbuilding stock  at pound S cent be the then marketprice and the defendant agree to transfer it  to the plaintiff on the that of march next on the plaintiff pay the money and  that the plaintiff agree to pay pound S per cent and to accept the transfer  and do thereupon pay to the defendant sixpence earnest also that on the same  that of September the plaintiff do agree with the defendant to buy another  pound yorkbuilding stock at pound S per cent premium and to transfer it to the  plaintiff on the same that of march next on the peer William plaintiff pay for  the same that the defendant do agree to make the say transfer accord and the  plaintiff also pay sixpence earnest in part of this bargain that before the  that of march then next this yorkbuilding stock rise to pound per cent so that  the difference beyond what the plaintiff be to pay for the same come to above  pound wherefore the bill be to compel the defendant either to transfer the  stock to the plaintiff or pay the difference the defendant as to such part of  the bill as will compel he to transfer pound yorkbuilding stock at pound S per  cent accord to his agreement demurrer in regard that part of the bill contain  no equity for that the plaintiff may bring his action at law and on make  proper proof will recover his damage and with the money thus recover may  himself go to market and buy stock that one parcel of yorkbuilding stock be as  good and valuable as another and not like the case of article for the purchase  of land where one parcel of land may be more convenient and consequent more  valuable to the purchaser than another for which be cite the case of cud and  rutter see this case report vol where it be so decree by Lord Macclesfield on  a appeal from a decree at the roll though Mr Talbot say this appear to be a  very hard case where the stock be rise to quadruple the value and even rise  pen the appeal Lord chancellor I do not know but this case may at the hear  appear to be peer William er p attend with such circumstance that may make it  just to decree the defendant either to transfer the peer William stock accord  to his express agreement or at least to pay the difference therefore I will  not allow this demurrer as to the other part of the bill which seek to compel  the defendant to transfer to the plaintiff pound yorkbuilding stock at pound S  per cent the defendant plead the statute of car cap sect against fraud and  perjury whereby inter all it be enact that no contract for any good ware or  merchandise of the value cc of pound or upward shall be good unless the buyer  accept of part of the good and actual receive the same or give something in  earnest or unless there be some note in write sign by the party and the  defendant aver that he do not accept or receive sixpence or any other money  whatsoever in part or as earnest and that no part of the stock be deliver or  note give whereupon it be argue that the yorkbuilding and other stock be  within the word and meaning of the statute of fraud so as to require either  part of the thing contract to be sell to be deliver or a note in write or  money to be pay as earnest for that saint this clause of the statute mention  express contract for the sale of any good or merchandise and that the word  good be of a very extensive signification dly that if one have stock shall  commit felony this without question will be a forfeiture of his stock a  forfeiture to those who shall have a grant of good felon so that stock be  within the word good or good peer William dly at least it be within the word  merchandise for every vendible thing be merchandise now stock be a thing  vendible and in the year be the most usual merchandise which people deal in  thly it can be no objection that at the time of make the statute of fraud  there be no such stock as yorkbuilding stock for suppose the say statute  instead of be make in king Charles time have be enact in the reign of Philip  and mary since which time hop come in and the bargain have be make for hop to  the amount of above pound in money without write or earnest sure such contract  have be void beside this be most plain within the meaning and mischief of the  statute which intend to prevent rash and precipitate bargain for above the  value of pound and to restrain such bargain as be of value to the circumstance  either of pay earnest or reduce they to write thly it be insist that Lord  Cowper have determine such a contract for stock to be within the statute of  fraud and that if it exceed pound the same ought to be in write in regard  stock be good and merchandise within that statute on the other side it be say  that whereas the statute enact that no contract shall be good for the sale of  good ware and merchandise of pound price unless part of the good be deliver or  earnest pay or a note in write this show that such good be intend as be  capable of a actual delivery something that be corporeal and not stock which  be incorporeal nor be there any such thing as yorkbuilding stock at that time  peer William Lord chancellor this question be before all the judge of England  who be equal divide upon it six against six and therefore it be a point too  difficult for I to determine upon a demurrer it be considerable that after one  Wolstenholm be declare a bankrupt as have eastindia stock this be reverse by a  act of parliament vide car cap declaim that neither he nor any other person  shall be liable to bankruptcy in respect of their have eastindia stock so that  stock or the deal in they will not make a man liable to bankruptcy nor do they  seem to be ware good or merchandise within the intent of that clause but  further this plea be not well plead because the bill say that the plaintiff do  pay d as earnest and the plea only say that the defendant do not receive or  accept it as earnest now it be not material how or in what manner the  defendant receive or accept it but how the other pay it for whoever to loosen  to loosen ad manner to loosen and so be Pinnels case Rep wherefore the plea be  likewise overrule Pickering v Appleby Com Rep say vide crull v Dodson Sel can  in Charles and Reg lib a fol the plea be order to stand for a answer with  liberty for the plaintiff to peer William er p accept Reg lib a fol see  devaynes v noble clayton case saint exception mere Simson v Ingham d c wright  v longing b c shaw v Picton b c