Heyer v. V. Barletta Co.

This is an action of contract based on an oral agreement between the parties, whereby the defendant was to hire the plaintiff as a superintendent on a construction job at an agreed compensation of $100 a week for one year. The defendant denied the making of said alleged agreement, and further pleaded that the contract declared on was a contract not to be performed within a year, and that it was not in writing as required under G. L. (Ter. Ed.) c. 259, § 1, Fifth. At the close of the evidence, on the motion of the defendant the presiding judge directed a verdict for the defendant. The…