Duke v. Joseph

McClendon, chief justice.

Suit by Duke (Col. James E. Duke, Jr.) against Joseph (Edward Joseph) to recover $42,000 damages for breach by Joseph of an alleged verbal contract to assign to Kuhlman for Duke’s benefit a written lease for a longer period than one year upon real estate in Austin known as the Motor-amp Garage. The trial court dismissed the suit upon Duke’s refusal to amend, after sustention of an exception to Duke’s pleadings to the effect that the alleged contract being verbal was violative of art. 3995, sub. 4 (Statute of Frauds), prohibiting bringing of any action “upon any…