Gibbs v. Holden

This motion was made under rule 106 of the Rules of Civil Practice, on the ground that the complaint did not state facts sufficient to constitute a cause of action, and rule 107, on the ground that it appeared that the contract was not in writing and, therefore, unenforeible under the Statute of Frauds.

The complaint does not state that the contract .alleged was oral, and no affidavit was presented, but it was conceded at the argument that the contract was not in writing. This concession is reiterated in both briefs.

The same motion was previously made but allowed to lapse. Apparently neither…