Langdon v. Sibley

The defendant’s motion to dismiss was made at the close of the plaintiffs’ evidence and before the action was submitted for decision on the merits. Under our practice this was the proper way to question the sufficiency of the plaintiffs’ evidence to support the allegations of their bill. Kidd v. Traction Co., 74 N. H. 160. See Moynihan v. Brennan, 77 N. H. 273. The plaintiffs’ exception to the dismissal of the bill therefore requires that the evidence be viewed in the light most favorable to them. Stabrow v. Stabrow, 96 N. H. 74.

The statute of frauds provides in part: “No action shall be…