Ferguson-McKinney Co. v. Whitley

This is an action instituted against appellees by appellant to recover on an account for merchandise alleged to have been sold and delivered. The account was for $132.56, the price of a bill of goods verbally ordered by appellees, and they pleaded, among other defenses, that the oral contract was void under the statute of frauds, which provides that a contract for the sale of goods, etc.,-for a price in excess of thirty dollar's, -shall not be binding unless ‘‘there be s-ome note or memorandum signed by the party to be charged; or, second, the purchaser shall accept a part of the goods so…