Wescott & Winks Hatcheries v. F. M. Stamper Co.

Plaintiff pleaded a breach of a contract by which defendant agreed to sell and deliver 6000 turkey poults to it at Sumner, Iowa, on or about July 17,1953; and asks judgment for $9000. Verdict for defendant was directed and plaintiff appeals from the resulting judgment.

As written evidence of the claimed contract sufficient to satisfy the statute of frauds, plaintiff pleaded three documents and offered them in evidence as Exhibits A, C and B (numbered 1, 2 and 3 respectively, in petition). Defendant denied the sufficiency of the offered evidence, and by pleading and throughout the trial, by…