Coseboom v. Marshall Trust

MOISE, Justice.

This action was instituted by the plaintiff-appellee to recover $1,000, represented by a check in that amount given by defendant-appellant as a down payment on the purchase of a house from appellee, payment of the said check having been stopped.

A motion to dismiss the complaint was filed by appellant, on the ground that the complaint failed to state a cause of action, and on the further ground that there being no agreement in writing or note or memorandum signed by appellant, the action could not be maintained because of the statute of frauds. The motion to dismiss having been…