Nickel v. Theresa Farmers Co-Operative Asso.

The question upon which the affirmance of the judgment on the counterclaim depends is whether on September 6, 1941,.' plaintiff promised to supply all the lumber needed for defendant’s building at the prices quoted. There is sufficient evidence to sustain the finding that there was a subsequent delivery and acceptance by the defendant of a quantity of lumber at the prices quoted on September 6, 1941, so that the alleged oral contract of September 6th is taken out of the statute of frauds by partial delivery, sec. 121.04, Stats. Unless there was concluded an'actual agree-' ment between the…