Lott-Lewis Co. v. Bingham-Hewett Grain Co.

This was a suit for damages for the breach of *729an' alleged contract. . Upon the trial the defendant after the introduction of evidence by the' plaintiff moved for a nonsuit, upon the ground that the evidence showed that the alleged contract was within the statute of frauds. This motion was overruled, but the judgment overruling the motion was not excepted to. After the introduction of evidence by the defendant, and additional evidence by the plaintiff and by the defendant* the court directed a verdict in favor of the plaintiff for the full amount sued for, and the defendant excepted to the…