Harris & Co. v. Vallee & Co.

1. Where, in a suit to recover damages for a breach of a contract which the statute of frauds requires to be in writing, the petition alleges a contract, but fails to allege facts sufficient to show that the contract met the requirements of the statute of frauds, the contract presumably satisfies the statute if the contrary does not affirmatively appear from the petition.

2. Where there was an allegation in a petition to the effect that the contract sued upon, which appeared to be one required by the statute to be in writing, arose out of an interchange of telegraphic communications, and the…