Boutwell v. Lewis Bros. Lumber Co.

This is an action to recover for the breach of an alleged parol contract to haul all of the lumber manufactured by defendants for a period of one year. After hearing complainant’s testimony the Chancellor dismissed the bill upon the ground that the contract was not to be performed within one year from the making thereof and is, therefore, voidable under subsection 5 of the Statute of Frauds, Code, section 7831. Complainant appeals.

Complainant testified before the defense of the Statute of Frauds was interposed and his testimony.leaves certain material aspects of that question to some extent…