White v. Simplex Radio Co.

Bell, Justice.

The Court of Appeals certified three questions in this case, the first question being as follows: “Is an oral contract of employment 'entered into in the year 1934 for the remainder of that year, which further provides that said contract of employment should continue from year to year thereafter unless notice of intention to terminate said contract for any succeeding year be given by either' party 90 days prior to December 31 of the preceding year, within the statute of frauds as being an ‘agreement . . that is not to be performed within one year from the making thereof’ (Code,…