Emerson v. Universal Products Co.

Rodney, J.,

delivering the opinion of the Court:

This case raises for the first time in Delaware, the precise question whether an oral contract which by its terms cannot be completely performed by both parties within a year comes within the Statute of Frauds when the *280complaining party could and did within the year fully and completely perform his part of the agreement.

Our Statute is almost the exact counter part of Section 4 of the English Statute of 29 Charles II, and was adopted by our Colonial Assembly in 1752. It is suggested by the plaintiff that because the Delaware Statute was adopted…