123 P. 415 | Wyo. | 1912
This action was brought in the district court of Carbon county by the defendant in error, Gus Jensen, against the plaintiffs in error, The Saratoga Land and Investment Company and S. H. Clammer, to recover the possession of certain plows. The case was tried to the court without a jury, and judgment rendered in favor of the plaintiff below for the possession of the property and one hundred dollars damages. Defendants below bring error.
Both Jensen and the Investment Company claimed title to the property by purchase from one Ludlom; Jensen claiming to have purchased the property on July 1, 1909, and the Investment Company July 5, 1909. The defendants below claimed that Jensen’s alleged purchase was void because the property was of the value of fifty dollars and more, was not evidenced by any writing, the property was not delivered, and no part of the purchase money paid; and that, therefore, the contract of sale came within the statute of frauds and was void. The statute is as- follows: “Any contract for the sale of any goods, chattels or. things in action for the price of fifty dollars or more, shall be void, unless: First — A note or memorandum of such contract be made in writing and be subscribed by the party to be charged thereby; or, Second — Unless the buyer shall accept and receive part of such goods, or the evidences, or some of them, of such things in action; or, Third — Unless the buyer shall-at the time pay some part of the purchase money.” (Sec. 3752, Comp. Stat. 1910.) The defendant