Swanzey v. Moore
Illinois Supreme Court
This suit was brought by appellee against appellant for work and labor. Appellee proved that he had worked for the appellant from the 5th March, 1856, until the 25th August, 1856, as a common farm laborer, and that his services were worth from $17 to $18 per month.
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This suit was brought by appellee against appellant for work and labor. Appellee proved that he had worked for the appellant from the 5th March, 1856, until the 25th August, 1856, as a common farm laborer, and that his services were worth from $17 to $18 per month. The appellant then introduced evidence, tending to prove, that said work was done under a special contract, made between the parties, about one week before said 5th March, to the effect that the appellee should work for the appellant for one year from said 5th March, for $200. The appellee introduced evidence tending to prove, that…
1Opinion of the CourtCaton, C. J.
This work was done under a contract void by the statute of frauds. And the question is whether Swanzey could insist upon the violation of the terms of such a contract, as a defense to the action. Upon this there can be no reason to doubt, when the character of such a contract is considered. It will be found that executory contracts are only avoided by the statute of frauds; executed contracts never. A parole contract which that statute requires to be in writing is as good as any when performed, or while being performed, or when partly performed, so far as the performance goes. Suppose this…
2Cited by21 opinions
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- Love v. Kirkbride Drilling & Oil Co.Supreme Court of Oklahoma · 1913
- Estate of Jesmer v. RohlevAppellate Court of Illinois · 1993
- Cleveland, Cincinnati, Chicago & St. Louis Ry. Co. v. WoodIllinois Supreme Court · 1901
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