Andrew Williams et al., Respondents, v. John S. Gould et al., Appellants

Andrew Williams et al., Respondents, v. John S. Gould et al., Appellants. (Argued May 22,1872; decided September term, 1872.) This action was brought to recover the purchase-price of a quantity of horse-shoe iron alleged to have been sold by plaintiffs to defendants. The principal question in the case was as to whether there had been such an acceptance of the iron as to take a parol contract for the sale thereof out of the operation of the statute of frauds. The majority of the court held there was an acceptance, and that the sale was valid. Robert S. Hale for the appellants. Smith M. Weed, for the respondents. [MAJORITY — Earl, C.,] Earl, C., reads for affirmance; G&ay, C., for reversal. All concur for affirmance, except Gbay, C., dissenting. Judgment affirmed.