Booker v. Ray

This was an action commenced while the code of 1843 was in force. The cause of action was set forth in a declaration, drawn according to the forms at common law. It was an alleged breach of contract for the erection of a building. At common law, even where the statute of frauds required a contract to be in writing, and it actually was so, it was not necessary that a copy of the writing should be made a part of the declaration, nor that the declaration shall aver that the contract was in writing.

In this case the declaration described a contract for the erection of a building, and it described…