Wyoming Reports; Cases Decided in the Supreme Court of Wyoming, volume 9

Cover Wyoming Reports; Cases Decided in the Supreme Court of Wyoming, volume 9
Wyoming Reports; Cases Decided in the Supreme Court of Wyoming, volume 9
Wyoming. Supreme Court
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In an action on a contract for the sale of goods, a defendant may take advantage of the statute of frauds by objecting to parol evidence to prove the contract which he has by his answer denied, although he has not specially pleaded the statute.
2. A delivery of goods to a carrier is not sufficient to take a parol contract for the sale of goods out of the statute of frauds.
3. Where a contract is for articles coming under the general denomination of goods, wares, and merchandise, the vendor bein
...g at the time a manufacturer, and also a dealer in them as a merchant, or, so dealing, has them manufactured for his trade by others, and the vendee being also a merchant dealing in and purchasing the same line of goods for his trade, of which fact the vendor is aware; the quantity required and the price being agreed upon, and the goods contracted for being of the same general line which the vendor manufac- tures, or has manufactured, for his general trade as a mer- chant, requiring the bestowal of no peculiar care or personal skill, or the use of material or a plan of construction differ- ent from that obtaining in the ordinary production of such manufactured goods for the vendor*s general stock in trade — the contract is one of sale, and within the statute of frauds, although the goods are not in soUdo at the time of the con- tract, but are to be thereafter made and delivered.

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