Burkle v. Superflow Manufacturing Co.

The crucial question in this case is whether the contract in suit is one which could have been fully performed within a year. If it was such a contract, it clearly was not one within the Statute of Frauds. There was no specific agreement between the parties as to how long the contract was to continue in effect. What their intent was in this regard is a matter of interpretation of the contract.

The contract is executory and bilateral, calling for continuing service as brokers by the plaintiffs and compensation for these services by the defendant. In such situations the great weight of authority…