Lumber Sales, Inc. v. Brown

Plaintiff sued the defendant for $5,163.23 alleged to be due and owing to plaintiff for a carload of lumber sold by plaintiff to defendant.

To plaintiff’s declaration, the defendant first filed a plea of nil debit and later filed a plea interposing the defense of failure to comply with the statute of frauds requiring contracts for sale of goods of $500.00 or more to be evidenced by written contract.

The plaintiff contends and defendant admits that on or about the 6th day of November, 1968, the defendant agreed to purchase from plaintiff five carloads of lumber, which the plaintiff agreed to…