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46 ND 611

Abraham v. Durward

North Dakota Supreme Court

Decided December 6, 1920

North Dakota Supreme Court · decided 1920-12-06

Defendant appeals from a judgment and from an order denying a new trial. ' • The telegram is neither a contract nor sufficient memorandum of one. Hastings v. Webber, 56 Am.

Affirmed · Decided 1920-12-06

Grace, J.

¶1(specially concurring). We think the evidence is sufficient to show that Peterson was the agent of the defendant and, as such, calculated the value of the potatoes, and included that amount in a sight draft and bill of lading, which were left with him for attention.

¶2The foregoing, together with the telegram, were sufficient to take the case without the Statute of Frauds.

¶3I do not agree with all the discussion contained in the majority opinion, with reference to the Statute of Frauds, but it is unnecessary *620to state -wherein I do not agree. It is sufficient to say that the purpose of the Statute of Frauds is to prevent fraud and perjury. The reason for the statute is based upon public policy. Its provisions largely relate to the validity of the contract.

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