Babcock v. Stanley

In order to maintain an action for the pnceofserwce must & delivery, or of-Whether a pal toLhoHeTthe services of a ara™ of goods,' tute of frauds! dabitatur.

IN ERROR, on certiorari, from a justice's court. Stanley . . u ° brought an action against Babcock, before the justice. On the jgj. Qc¿0¿er^ 1812, he declared on an agreement, stating that B. a£reed to purchase of him the service of a certain negro woman, for four years, at ten dollars per annum, which S. agreed to accept; and that B. had refused to perform the contracti pleaded the statute of frauds. There was no evidence that the negro woman was delivered, or offered to be delivered, by S. to B., or that any earnest money was paid, or a note or memorandum in writing made of the agreement. The justice gave judgment for the plaintiff below.