Contract of sale for one hundred dollars and upwards

(1) A contract for the sale of any goods of the value of one hundred dollars or upwards shall not be enforceable by action unless the buyer accepts part of the goods so sold, and actually receives the same, or gives something in earnest to bind the contract, or in part payment, or unless some note or memorandum in writing of the contract to be made and signed by the party to be charged or his agent in that behalf. (2) This section applies to every such 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 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. (3) There is an acceptance of goods within the meaning of this section when the buyer does any act in relation to the goods which recognises a pre- existing contract of the sale whether there be an acceptance in performance of the contract or not.