Fothergill v. McKay Press

In Warner v. Texas & Pacific R. Co. (1896), 164 US 418 (17 S Ct 147, 41 L ed 495), the supreme court had occasion to review generally the authoritative history of this particular provision of the statute of frauds. The following conclusion was reached (pp 422, 423):

“It thus appears to have been the settled construction of this clause of the statute in England, before the Declaration of Independence, that an oral agreement which, according to the intention of the parties, as shown by the terms of the contract, might be fully performed within a year from the time it was made, was not within the…