Daniel Sons & Palmer Co. v. Dickey

The plaintiff had an account against one Burke. The defendant, desiring to make a certain trade with Burke, asked the plaintiff to credit Burke’s account with $27 and to charge that amount to him. The plaintiff accordingly credited Burke’s account with $27, released him from further liability to that extent, and charged the amount to the defendant. In the action which was brought to recover the $27 from the defendant, he set up the statute of frauds. Held, that the contract was an original undertaking, and not within the purview of the statute of frauds; and that it was not a nudum pactum, as…