Brown v. Sanborn

Defendant, in writing, agreed to purchase of plaintiff, at five dollars per ton, the flax straw to be raised from forty-five bushels of flax seed, “ the straw to be delivered in a dry condition, and to be free from grass, weeds, and all foreign substances.” It appearing that there were from twenty to fifty tons of the straw, the agreement was within the seventh section of our Statute-of Frauds, ch. 41, *403'Gen. Stat., since it was a “ contract for the sale of * * goods, chattels, or things in action, for the price of fifty dollars, or more.” It was essentially a contract for the straw, and not,…