Jones v. Shipley

KenNa, Judge:

E. W. Jones brought notice of motion against T. J. Ship-ley in the Circuit Court of Cabell County, and to an order setting aside a verdict returned in his favor, this writ was granted upon petition of the plaintiff below. The order setting aside the verdict states the court’s reason to be that the terms of the contract upon which notice is based, in view of the circumstances surrounding the parties at the time it was entered into, disclose that it does not admit of performance within one year from its date, and therefore, the contract is obnoxious to the statute of frauds.…