Trachtenberg v. Converse & Co.

The complaint proceeds for the breach of a contract to sell and deliver goods of the value of more than fifty dollars. To a defense setting up the Statute of Frauds, upon allegations that the contract was not in writing, and that there was no part payment or delivery the plaintiff has served a reply under an order of the court. This reply contains no affirmative allegation that there was a writing or part payment or delivery. It admits that the goods sold were of a value over fifty dollars, and that no payment was made of any part of the purchase price. From the complaint it appears that…