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KRATZER v. DAY

No. 4718.

12 F.2d 724 (1926)

KRATZER v. DAY.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied June 14, 1926.

Attorney(s) appearing for the Case

E. R. Lindsey, G. M. Ferris, and C. E. Collier, all of Spokane, Wash., for plaintiff in error.

John P. Gray, of Cœur d'Alene, Idaho, Frank T. Post, of Spokane, Wash., and John H. Wourms, of Wallace, Idaho, for defendant in error.

Before GILBERT, HUNT, and RUDKIN, Circuit Judges.

GILBERT, Circuit Judge (after stating the facts as above).

The trial court granted a motion for nonsuit and held, as to the Idaho contract, that, to comply with the statute of frauds of both the states of Idaho and Washington, part payment must be coupled with proof of a definite contract and the payment whether in money or services must be referable solely to the contract, and that under plaintiff's own testimony the contract...

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