Green v. McCormack

The defendant’s motion for a nonsuit is based upon the claimed unenforceability of the alleged contract for want of compliance with the requirements of the statute of frauds. The plaintiffs rely upon the broker’s memorandum of sale as a sufficient compliance with the third of the three alternative requisites by which the non-enforceability of a verbal contract may be overcome, to wit: “some note or memorandum in writing of the contract or sale . . . signed by the party to be charged or his agent in that behalf.” P. L., c. 166, s. 4. The issue involves (1) the validity and proof of brokers’…