Spencer v. Cone ( 1840 )

Per Curiam.

This case is not distinguishable in principle from that of Mixer v. Howarth, 21 Pick. 205. The agreement was, in substance, for the furnishing of labor and materials, and not a contract of sale. It was therefore not required, by the statue of frauds, (Rev. Sts. c. 74, § 4,) to be in writing.

Judgment on the verdict.