Gedanke v. Wisconsin Evaporated Milk Co.

The contract in this'case is taken out of the statute of frauds and made valid by the delivery by one party and the acceptance by the other of a portion of the goods contracted for.

The contract provided for the sale and delivery of goods in certain quantities at times to be specified. They were to be separately paid for. After the delivery of two hun*373dred pounds of butter, a difference arose between the parties as to whether the buyer had paid the agreed price or one dollar less. The matter was disposed of by the respondent giving his check for $44. The appellant, although not entirely…