Clinton Mills Co. v. Saco-Lowell Shops

JOHNSON, Circuit Judge.

In this action the plaintiff sought to recover for breach of a contract for the manufacture and sale of cotton mill machinery, The case has been before us once before, and our opinion appears in 277 F. 349. We then held that as, according to the plaintiff’s contention, the contract was not consummated until June 5, 1915, and that as proof of one essential element of the contract, the time of delivery, depended entirely upon oral testimony, there was no memorandum in writing sufficient to satisfy the requirements of section 4 of part 1 of chapter 237 of the Acts of the…