Mead v. Case
New York Supreme Court
THIS action was brought upon a contract to recover the sum of $200, which the plaintiff alleged the defendant promised to pay for the finishing of a certain marble inonumenti- „The answer was a general denial. The action was tried at a circuit court in the county of Wayne, in October, 1859, before Hon. T. E. Strong, and a jury.
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THIS action was brought upon a contract to recover the sum of $200, which the plaintiff alleged the defendant promised to pay for the finishing of a certain marble inonumenti- „The answer was a general denial. The action was tried at a circuit court in the county of Wayne, in October, 1859, before Hon. T. E. Strong, and a jury. The proof on the part of the plaintiff showed, fhat in the month of ¡November, 1857, the plaintiff agreed with the defendant to poEslu letter and finish a monument, and set it up for the defendant, for which the latter was to pay the sum of §200j that he, the…
1Opinion of the CourtJohnson, J.
The only question in this case, worthy of consideration, is that raised by the exception to the refusal to nonsuit the plaintiff, on the ground that the bargain for the monument in question was within the statute of frauds. ■ The contract, according to the verdict of the jury, was for a monument-to be furnished by the plaintiff to the defendant, for his deceased father, mother and sister. From the evidence it appears that the stone or structure, upon which the inscriptions were to be made, consisting of several pieces or parts, was put together into the form of the monument which the *204defendant…
2Cases cited1 opinion
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