McClanahan v. Otto-Marmet Coal & Mining Co.
West Virginia Supreme Court
: Error to Circuit Court, Putnam County. Assumpsit by A. S. McClanahan against the Otto-Marmet Coal & Mining Company. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
Williams^ Judge:
In an action of assumpsit for the alleged breach of a contract for the cutting of timber plaintiff recovered a judgment for $500, and defendant was awarded this Avrit of error.
The contract was oral, and the principal question presented is, does it come within the seventh clause of the statute of frauds forbidding action upon ‘ any agreement that is not to be performed within a year,” unless it is in writing and signed by the party to be charged or his agent.
Plaintiff and defendant’s general manager Edward Schone-baum who employed him do not agree as to the terms of employment.…
2Cases cited10 opinions
- Warner v. Texas & Pacific Railway Co.Supreme Court of the United States · 1896
- First National Bank of Wellsburg v. KimberlandsWest Virginia Supreme Court · 1880
- Kent v. . KentNew York Court of Appeals · 1875
- Dollar Saving & Trust Co. v. CrawfordWest Virginia Supreme Court · 1911
- Railway Co. v. WhitleySupreme Court of Arkansas · 1891
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Thompson v. StuckeyWest Virginia Supreme Court · 1983
- W. P. Brown & Sons Lumber Co. v. RattraySupreme Court of Alabama · 1939
- Wood & Brooks Co. v. D. E. Hewit Lumber Co.West Virginia Supreme Court · 1921
- Brown v. Western Maryland Railway Co.West Virginia Supreme Court · 1919
- Alkire v. Orchard Co.West Virginia Supreme Court · 1917
8 more not listed; retrieve them via the Exa API.