Atlas Shoe Co. v. Rosenthal

This is an action of contract to recover the price of shoes alleged to have been sold by the plaintiff to the defendant. The plaintiff was not a manufacturer of shoes. It took an order from the defendant for particular styles of shoes, which were to be made especially on the order of the plaintiff by a manufacturer, and were not suitable for sale to others in the ordinary course of the plaintiff’s business.

The defence is that part of the statute of frauds contained in St. 1908, c. 237, § 4 (see now G. L. c. 106, § 6). Confessedly that statute is a complete defence unless the facts bring the…