Rizkalla v. Abusamra

This is an action of contract in which the plaintiff seeks to recover $2,000 and interest on an alleged accounting between the defendant and the plaintiff’s assignor, one Elias Ghiz. The declaration is upon an account annexed, which sets forth “Sum agreed upon after accounting” $2,000, interest $280, making a total of $2,280. The answer was a general denial and payment. An amended answer pleaded the statute of frauds, G. L. (Ter. Ed.) c. 106, § 6, and G. L. (Ter. Ed.) c. 259, § 1, as a defence.

At the trial there was evidence tending to show that Ghiz, the assignor of the plaintiff, and the…