Brister & Koester Lumber Corp. v. American Lumber Corp.

Opinion by

Mr. Justice Jones,

The basic question in this case is whether the parol contract for a sale of goods in excess of five hundred dollars, which the plaintiff pleads, is legally enforceable against the defendant on the ground (1) that there was a sufficient memorandum of the contract signed by the defendant (the person sought to be charged therewith) or (2) that a partial performance of the contract was accepted and acknowledged by the defendant.

The contract in suit was for the sale by the plaintiff to the defendant of approximately one and a half million board feet of. yellow pine…