Markowitz Bros. v. John A. Volpe Construction Co.

DYER, District Judge.

This cause came on to be heard upon Defendant’s motion for summary judgment, based upon the contention that even admitting for the purposes of this motion that an oral contract in the terms alleged had been entered into, the contract was unenforceable under the “one year clause” of the Florida version of the Statute of Frauds, F.S.A. § 725.01. The court has heard argument of counsel, has considered the pleadings, depositions and other matters of record, as well as the briefs of the parties, and, is of the opinion that some discussion of the applicable law may be fruitful.

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