Padgham v. Wilson Music Co.

Counsel for the defendant raise several issues on this appeal but we find it necessary to consider but one of these. Such issue is whether the new parol agreement of May 21, 1956, was void because of the failure to comply with the statute of frauds, sec. 121.04, Stats. Subs. (1) and (3) thereof, read as follows:

“(1) A contract to sell or a sale of any goods or choses in action of the value of fifty dollars or upwards shall not be enforceable by action unless the buyer shall accept part of the goods or choses in action so contracted to be sold or sold, and actually receive the same, or give…