Nickerson v. President of Harvard College

G. L. (Ter. Ed.) c. 259, § 1, so far as material to this case, reads: “No action shall be brought: . . . Fifth, Upon an agreement that is not to be performed within one year from the making thereof; Unless the promise, contract or agreement upon which such action is brought, or some memorandum or note thereof, is in writing and signed by the party to be charged therewith or by some person thereunto by him lawfully authorized.” This is substantially the fifth clause of § 4 of the original English statute of frauds, 29 Car. II, c. 3.

The method of computing time under words like those of the…