J.C. COHEN SAL. CORP. v. EASTERN E.S. CO

Contracts — Execution — Evidence — Statute of Frauds — Sufficiency of writing — Sales order signed by buyer — Goods received and accepted by buyer.

In an action of assumpsit, in which it appeared that, following a telephone conversation between plaintiff and defendant, defendant's employe came to plaintiff's plant and examined electric cable which plaintiff had for sale; that thereafter there was a second telephone conversation between the parties, in which, plaintiff alleged, the parties entered into a contract by which plaintiff agreed to sell and defendant to buy the cable, but defendant contended that the parties agreed only that the cable was to be shipped to defendant, who was to examine it and purchase only that quantity it determined it could use; that plaintiff introduced into evidence a written sales order, which was admittedly signed by an authorized agent of defendant; and that the court, below finding that the parties had entered into a contract for the sale of the cable, and holding that the Statute of Frauds did not bar recovery by plaintiff, in that the sales order signed by defendant was a sufficient writing to satisfy the requirements of the statute, and that the goods had been received and accepted by defendant, dismissed defendant's exceptions to the findings and verdict of the trial judge, sitting without a jury; it was Held that the judgment of the court below should be affirmed.

Argued December 17, 1964.