Reid v. Stevens

Gray, C. J. The allegation in the declaration, that the defendant made a contract in writing, was denied in the answer, and was not supported by evidence of a contract not signed by the defendant. The objection of variance was open to the defendant, although he had not set up the statute of frauds. The case is thus distinguished from Middlesex Co. v. Osgood, 4 Gray, 447. Exceptions sustained.