Southwell v. Beezley

By the Court,

Burnett, J.:

This action was brought by the respondent against the appellant for damages, for the violation of a contract. The appellant, after denying the allegations in the complaint, set up, among others, the following affirmative defenses: That the contract sued on was not in writing, and was not to be performed within one year from the making thereof; that said agreement was for the sale of personal property for a price of more than fifty dollars, and that respondent, at the time of said agreement, did not accept or receive any part of such personal property, and did not pay…