I was told it was a 5 speed, seems to only shift as a four speed, then someone else told me it was a four speed. It has the same straight stick shift as my four speed, as far as I know five speeds have a bent shifter? I didn't buy it and i don't know the history on it.

Your profile says that you have a '70 240Z. (Always helpful to have that info in your post, BTW.) In the USA that means your car came with a Type A 4 speed from the factory. Since you have a straight shift lever, you still have a Type A transmission in your car. While Type A 5 speeds were available from the factory in other parts of the world, they were never factory installed for the USA market, and are rather rare here as a consequence. So most likely you have a 4 speed at this time, not a 5 speed that won't shift into 5th. You can tell by looking under the car at the front end of the driveshaft. If the front end of the driveshaft bolts to an output flange at the transmission, it is a Type A 5 speed. If the front end of the driveshaft slides into the end of the transmision, it is a Type A 4 speed. (These tests are assuming that you are correctly identifying the straight shift lever.)

If its in the car, while driving at a 3rd gear speed, shift into 4th, then try 5th. If the revs go down your in 5th. If the revs go up, you have gone back to 3rd, and its a 4 speed.

Yea, I'd figure the easiest way to tell would be to try to put it in 5th.

You can always check the numbers on the transmission though.

Sorry i did not specify that this transmission is currenlty lying on the floor of my garage, not in the car. Although I do have a stock four speed in the car!

thanks

If you're trying to shift the tranny on the floor, it can be a little harder to get it into 5th. 1st - 4th gears are the standard H-pattern, but you have to push the shifter to the right (from neutral) to get it into 5th (up) and R (down). Sometimes it takes a little effort without the clutch, but not much. If you have to force it to the right, you probably have a 4 speed.