Marilyn Shoe Co. v. Martin's Shoe Store, Inc.

WADDILL, Commissioner.

The appellant, Marilyn Shoe Company, a manufacturer of women’s shoes, brought suit against appellee, Martin’s Shoe Store, for the price of 200 pairs of shoes allegedly purchased by appellee under an oral sales contract. The court gave a peremptory instruction and judgment for defendant dismissing appellant’s complaint.

The issues raised on appeal are whether there was an acceptance of the goods so as to take this contract from under the provisions of KRS 361.040, our statute of frauds, and also whether this contract is taken out of the statute of frauds by reason of the…