Broadwell v. Getman
New York Supreme Court
Error to the Oneida common pleas. Getman sued Broad-well before a justice of the peace, and upon a trial by jury recovered $25 besides costs, and this judgment was affirmed by the C. P. upon certiorari. The plaintiff’s claim was principally for damages for the non-performance of a contract respecting the clearing: of land.
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Error to the Oneida common pleas. Getman sued Broad-well before a justice of the peace, and upon a trial by jury recovered $25 besides costs, and this judgment was affirmed by the C. P. upon certiorari. The plaintiff’s claim was principally for damages for the non-performance of a contract respecting the clearing: of land. This contract was entered into on the first day of January, 1841, and was reduced to writing at the request of the parties and agreed to by them, but was not signed. By its terms the defendant agreed to clear off a piece of wood land belonging to the plaintiff, and make a…
1Opinion of the Court
By the Court, Beardsley, J.
The special agreement between these parties was to endure for nearly two years. It was made on the first of January, 1841, atid although the clearing was to be done by a year from the next spring, the defendant was to have the use of the land for a crop to be put in by him at that time.
By the statute every agreement which by its terms is not to be performed within one year from the making thereof, is declared to be void, unless in writing and subscribed by the party to be charged therewith. (2 R. S. 135. § 2, sub. 1.) Agreements which may be completed within one…
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