Ross v. Mancini

This action of contract was tried before a jury who found for the plaintiff. The plaintiff declared on an oral contract. There was a plea of the general issue with a brief statement setting up the statute of frauds. The statute of frauds as a defense was later abandoned and the presiding justice charged the jury without exception by the defendant that they were not to concern themselves with it. The only issues according to the court were whether an oral contract was made as claimed by the plaintiff and whether the defendant was guilty of a breach of it. The jury found for the plaintiff and…