Carrick v. Mincke

The plaintiff alleged in his statement, filed before the justice of the peace, that the defendant made a contract with him for the sale of p house and lot. A breach of the contract was averred, and the damages laid at $300. The plaintiff recovered before the justice, and the defendant appealed. The bill of exception shows that at the beginning of the trial in the circuit court the defendant, in addition to a general denial, interposed the statute of frauds as a defense to the action. Under the rulings of the circuit court the plaintiff was compelled to submit to a nonsuit. The court having…