Murphy v. Munson

This is a suit to recover the purchase price of a portable sawmill and equipment sold to defendant for the agreed price of $4,207.14 and the delivery of which the purchaser refused to accept. The answer denied the material allegations of the complaint and pleaded, as a further defense, the statute of frauds (Civ. Code, § 1624a.) The agreement to purchase the sawmill was in writing, which was signed in defendant’s name by his amanuensis, at his request. It was in the form of a letter, the terms of which were dictated to defendant’s clerk, Mr. Miller, who took memoranda of the terms and order…