Massachusetts Supreme Judicial Court November 15, 1841 (Baldwin v. Williams)

Wilde, J.

This action is founded on an oral contract, and the question is, whether it is a contract of sale within the statute of frauds.

The plaintiff’s counsel contends, in the first place, that the contract is not a contract for the sale of the notes mentioned in the declaration, but a mere agreement for the exchange of them ; and, in the second place, that if the agreement is to be considered