Galvin v. MacKenzie

This is an action to recover money upon an oral agreement to furnish the defendant two dresses,’and for which she was to pay the several sums specified when completed.

The answer of the defendant alleges that the dresses were misfits, and that they were never received and accepted by her, which is denied in the reply.

On the trial, as the agreement was oral, the defendant relied upon the statute of frauds to exclude the testimony *185for the plaintiff, and also after the plaintiff rested, moved for a nonsuit for the same reason, which the court overruled on the ground that there was some evidence…