Meyer v. E. G. Spink Co.
Indiana Court of Appeals
From Marion Superior Court (104,704) ; W. W. Thornton, Judge. Action by Sol Meyer and Sol S. Kiser, partners doing business under the firm name of Meyer and Kiser, against the E. G. Spink Company and another. From a judgment for defendants, the plaintiffs appeal.
1Opinion
On Petition for Rehearing.
Nichols, C. J.
3. Appellants, in an able brief on petition for rehearing, earnestly contend that the court has misinterpreted the statute of frauds. Their contention is that an oral agreement does not fall under the condemnation’ of the statute of frauds unless it affirmatively appears that the contract could not be performed within the year without a violation of the intention of the parties. In support of their position they have quoted from Nester v. Diamond Match Co. (1906), 143 Fed. 72, 74 C. C. A. 266, where the court upheld an oral contract to receive from,…
2Cases cited14 opinions
- Warner v. Texas & Pacific Railway Co.Supreme Court of the United States · 1896
- Mather v. ScolesIndiana Supreme Court · 1870
- Allen v. RichardSupreme Court of Missouri · 1884
- Treat v. HilesWisconsin Supreme Court · 1887
- Lennard v. Texarkana Lumber Co.Court of Appeals of Texas · 1907
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