GOEKEN v. KAY

No. 84-1398.

751 F.2d 469 (1985)

John GOEKEN, Plaintiff, Appellant, v. Alan KAY, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided January 10, 1985.


Attorney(s) appearing for the Case

Reuben L. Hedlund, Chicago, Ill., with whom Robert M. Dell, Kenneth S. Goodsmith, Latham & Watkins, Chicago, Ill., William Shields, III and Herrick & Smith, Boston, Mass., were on brief for plaintiff, appellant.

Robert S. Potters with whom Daniel A. Shapiro and Nix & Potters, Boston, Mass., were on brief for defendant, appellee.

Before CAMPBELL, Chief Judge, BREYER, Circuit Judge, and WEIGEL, Senior District Judge.


BREYER, Circuit Judge.

A jury, in this diversity case, returned a verdict for the plaintiff on a breach of contract claim. The district court set aside the verdict on the ground that the Massachusetts statute of frauds barred the enforcement of the contract in question because it was an oral, not a written, one. The basic issue here, on plaintiff's appeal, is whether the record offers adequate support for the district court's decision. We find that it does; and we...

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