242 Mass. 17 | Mass. | 1922
This is an action of contract brought to recover damages for refusal by the defendant to accept certain shoes
The only question presented is whether on the evidence it could have been found that the transaction was within the exception of that part of the statute of frauds contained in St. 1908,
There was evidence sufficient to support a finding of facts to take the transaction out of the statute. It might have been found that the shoes in question were manufactured on the special order of the defendant, of a peculiar type different from that readily vendible in the general market both as to sizes and adornment, and at a time when the season for that particular style had ended.
New trial ordered«