Wilson

The first trial of this cause resulted in a verdict and judgment in favor of the plaintiff. Defendant’s appeal was considered by the district court of appeal of the third district, where every legal consideration pressed upon the attention of that court is clearly, fully, and satisfactorily disposed of. (Wilson v. Hotchkiss, 21 Cal. App. 392 , [ 132 Pac. 88 ].) That court very properly ordered a reversal of the judgment and a new trial for the failure of the trial court to give any instructions touching the statute of frauds and its applicability to the contract under consideration. Upon the new trial such instructions were given. Again the verdict of the jury was for plaintiff, and once more defendant appeals. It may not be questioned but that the court quite fully and quite accurately instructed the jury as to the nature of the acts by a vendee under a parol contract within the statute of frauds which would be sufficient to satisfy the requirements of that statute. But complaint is made over the court’s refusal to give the following: “Mere wor'ds are not sufficient to prove a receipt or acceptance of the personal property to take an oral contract of sale of personal property,…