Fournier v. Burby

In this action the plaintiff seeks recovery on an oral contract for the purchase of an airplane. The defendant is the seller and pleaded a general denial and the Statute of Frauds. Verdict and judgment were for the plaintiff and the defendant appeals and presents three exceptions.

The evidence, though conflicting, was such that the jury could properly find these facts: The defendant agreed to sell his plane to the plaintiff for $1075. The agreement was reached by telephone conversation between the parties on July 21, 1957, and provided for delivery of the aircraft after necessary repairs,…