Massachusetts Supreme Judicial Court March 15, 1855 (Marsh v. Hyde)

Bigelow, J.

The report of the referee presents the question whether the contract was binding on the parties under the statute of frauds—Rev. Sts. c. 74, § 4. The defendant’s objection is put on the ground, that, there having been no delivery of any part of the hay at the time the agreement was entered into for its sale and purchase, the subsequent delivery of the three loads to the defendant will