Webster v. Condon

This is an action of contract brought to recover the loss upon five cars of oats, alleged to have been purchased by the defendants from the plaintiffs on July 22, 1920. The answer set up the statute of frauds, with other defences. At the trial the plaintiffs offered evidence tending to show a custom and usage among grain dealers, which was known to and acquiesced in by the defendants, to disregard and waive the legal rights possessed by them under the statute of frauds. The offer was excluded by the trial judge, and the plaintiffs excepted. The only other exception is to the granting of the…