Supreme Court of New Hampshire December 15, 1860 (Walker v. Richards)

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United States · · · 15-12-1860

Bell, C. J.

Under the special counts the sale is alleged to be to Davis, &c., on credit, of goods he desired to buy; the credit is given to Davis, &c., and Davis, &c., is the debtor for the price. The contract of the defendant is entirely collateral. This contract, as stated, is a valid and legal contract. But, by the statute of frauds, it requires special proof to establish it.

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