Southern States Life Insurance Company, and Cross-Appellee v. J. W. Foster and S. v. Foster, as Copartners, and Cross-Appellants

BRYAN, District Judge.

Holding that the agency commission agreement between the appellant and the appellees, which was clearly not performable within a year, is evidenced by such a signed writing as is required of it under the statute of frauds of South Carolina, but even if not so evidenced, that the agreement has been so far performed by the appellees as to save it from the bar of the statute, the District Court has entered judgment against the appellant on the agreement. As we think these conclusions erroneous, the judgment cannot stand.

By a written contract, dated February 1, 1951, and…