East Baltimore Lumber Co. v. K'nessett Israel Aushe S'phard Congregation

The appellant sued the appellees on the common counts in assumpsit in the Baltimore City Court for the price of certain lumber furnished by it to one Sidney McCall and used by him in rebuilding a church edifice- on High street owned by the appellee congregation. It was sought to hold the appellees liable under a verbal promise, to pay for the Jumber upon the ground that it was an original undertaking which the Statute of Frauds did not require to be in writing.

At the close of the plaintiff’s evidence the Court granted the defendants’ prayers taking the case from the jury because the evidence…