Shelbourne Mills v. Bradford Clothing Co.

Gordon, Jr., J.,

This is an action upon an oral contract for the sale of goods of value in excess of $500, and the case is before us upon a motion to take off a non-suit. The statement of claim set up an oral sale, followed by a written confirmation or acknowledgment thereof by the plaintiff seller, and a written attempt to cancel the sale, signed by the defendant buyer. The affidavit of defense denied the making of the alleged contract of sale by the defendant, and the question presented for our determination is whether the contract in suit was evidenced by a “note or memorandum in writing .…