Briggs v. Logan Iron & Steel Co.

Opinion by

Mr. Justice Simpson,

Plaintiffs sued to recover damages for the breach of an oral agreement, whereby they contracted to sell and defendant to buy a quantity of manufactured iron, on specified terms. Attached to the statement of claim were certain letters,, severally written by each party, regarding the contract. Defendant filed an affidavit of defense, raising two questions of law: (1st) Was a contract actually made? and (2d) If so, was it enforceable under the fourth section of the Sales Act?

The court below did not consider the alleged oral agreement or the effect of the statute,…