70 N.H. 637
49 A 574
Supreme Court of New Hampshire
Decided December 5, 1900
Supreme Court of New Hampshire · decided 1900-12-05
Assumpsit. Trial by jury and verdict for the plaintiff. In January, 1900, the plaintiff was employed by the defendant to sell his farm. The contract was not in writing. The defendant moved for a nonsuit (1) on the ground of insufficient evidence, and (2) because of the statute of frauds. His motion was overruled and he excepted.
Decided 1900-12-05
¶1 The first exception raises no question of law. Whether there is any evidence, is a question of law; but whether it is sufficient, is a question of fact.
¶2 The statute of frauds does not apply to contracts of hiring which may be performed within one year.
¶3 The letter was clearly admissible.
¶4 Exceptions overruled.