Rex v. Warner

The opinion of the court was delivered by

Fatzer, J.:

The action was one to compel specific performance of an oral contract. Defendants, Ploward C. Warner and Anna Marie Warner, his wife, filed a special demurrer upon the ground that the alleged oral contract sued upon was barred by the statute of limitations, which was overruled by the trial court, and the defendants have appealed.

Pertinent allegations of plaintiff’s amended petition are quoted and summarized as follows: From January 15, 1954, until September 10, 1954, Howard C. Warner was in plaintiff’s employ in El Dorado, and Warner and his…