Tirrell v. Anderson

This is an action in contract to recover damages, including therein certain profits arising to the plaintiffs, from the alleged repudiation, renunciation and revocation by the defendant, after partial performance, of an oral agreement to deliver to the plaintiffs a certain quantity of tacks in accordance with a typewritten order, a copy of which is annexed to the plaintiffs’ declaration. The answer of the defendant is a general denial and the statute of frauds. St. 1908, c. 237, § 4.

The evidence warranted the special finding of the jury that the oral contract relied on by the plaintiffs was…