Dickson & Co. v. Frisbee
Supreme Court of Alabama
Appeal from Choctaw Circuit Court. Tried before Hon. L. R. Smith. This was an action by appellee against appellants for the breach of a contract.
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Appeal from Choctaw Circuit Court. Tried before Hon. L. R. Smith. This was an action by appellee against appellants for the breach of a contract. The testimony showed that appellants entered into a contract, verbally, with appellee, by which the latter engaged on December 21st, 1870, to clerk for appellants for a year, commencing on the 22d day of December, 1870, and ending on the 22d day of December, 1781, at a given sum, per month, and that appellants committed a breach thereof in June, 1871. Appellants (defendants) asked the court to charge the jury “that if they believe from this evidence…
1Opinion of the CourtJudge, J.
The contract sued on in this case was verbal, and was made on the twenty-first day of December, 1870, for a year’s service, to commence on the day following. The question in the case is, whether by its terms it was a contract not to be performed within a year from the making thereof, and therefore void under the statute of frauds.
Section 8 of our Code provides that the word year, when used therein, means a calendar year; and we hold that an agreement for the performance of a year’s service means a year to commence on the next day. This construction is in accordance with the ordinary rule for…
2Cases cited1 opinion
- Owen v. SlatterSupreme Court of Alabama · 1855
3Cited by12 opinions
- Lane v. HendersonSupreme Court of Alabama · 1936
- Boyett v. Frankfort Chair Co.Supreme Court of Alabama · 1907
- Conway v. MitchellWisconsin Supreme Court · 1897
- Horton v. Wollner, Hirshberg & Co.Supreme Court of Alabama · 1882
- Goon v. Fu Manchu's Restaurant, Inc.Appellate Division of the Supreme Court of the State of New York · 1938
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