Abbott v. Gilchrist

A contract to furnish an article to be manufactured or prepared in a prescribed manner, is not affected by the statute of frauds. An agreement to procure and deliver at a time and place fixed, a vessel frame, to be hewn and prepared according to certain moulds, is binding, -Without being in writing.

On Exceptions from Nisi Prius, Appleton, J., presiding. Assumpsit to recover half of the contract price of a vessel frame. The evidence showed a parol contract to deliver the timber for a vessel frame, of which plaintiff was to furnish one half, to be hewn and prepared according to certain moulds. The timber was delivered according to the contract. The defence relied upon was the statute of frauds, and the defendant’s counsel requested instructions to the jury in the words of that statute. The presiding Judge refused to give them. A verdict was rendered for plaintiff, and the defendant-excepted to such refusal. cited 3 Met. 367; 20 Pick. 9 and 344. cited 2 Strange, 506; 7 Term R. 14; Garbutt v. Walson, 5 B. & A. 209; Tempest v. Fitzgerald, 3 B. & A. 419; 9 B. & C. 443; 1 Rich. S. C. 199; 1 Met. 283; 21 Pick. 205; 19 Maine, 137.