Lippincott v. Stringer

Opinion by

Henderson, J.,

The plaintiff brought an action against the defendant to recover the price of a quantity of lumber alleged to have been contracted for by the defendant, the value of which exceeded $500. The statement of claim recites that the lumber was ordered verbally by telephone on October 13, 1920, and that the plaintiff sent the defendant a confirmation of the order in writing in which was set forth a description of the lumber. The defense presented was that the alleged contract was in parol for merchandise exceeding $500 in value and was therefore unenforceable because of the…