Barraia v. Donoghue

Defendant, Jay Daly, appeals from the trial court’s decision allowing plaintiff, Jerome J. Barraia to regain possession of a yacht formerly owned by plaintiff and sold to Daly through defendant William A. Donoghue. The case was decided by the trial court after the parties entered into a stipulation of facts. Daly contends the trial court erred in concluding that there was no valid contract of sale binding on Barraia.

We reverse and remand for a new trial.

The facts disclose that Barraia was the owner of a 55-foot yacht known as the Morning Mist. On April 20, 1974, defendant, Donoghue, informed…