Grant v. Auvil

Plaintiff is entitled to recover upon his first cause of action if the contract upon which he sues is evidenced by “some note or memorandum in writing of the contract or sale . . . signed by the party to be charged.” Rem. Rev. Stat., § 5836-4(1).

It is admitted that the subject matter of the transaction exceeded fifty dollars in value; that no part of the goods had been accepted, or actually received; that nothing had been given in earnest to bind the contract; and that part payment had not been made. The initial memorandum upon which plaintiff relies is as follows:

“Grant’s Poultry Farms

“Clinto…