Massachusetts Supreme Judicial Court, 1840

Spencer v. Cone

Spencer v. Cone
Massachusetts Supreme Judicial Court · Decided September 15, 1840
42 Mass. 283
Spencer v. Cone

Cases that cite this one

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Opinion of the Court

Per Curiam.

This case is not distinguishable in principle from that of Mixer v. Howarth, 21 Pick. 205. The agreement was, in substance, for the furnishing of labor and materials, and not a contract of sale. It was therefore not required, by the statue of frauds, (Rev. Sts. c. 74, § 4,) to be in writing.

Judgment on the verdict.

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