Oak Leaf Mill Co. v. Cooper
Supreme Court of Arkansas
Appeal from Hot Springs Circuit Court; W. H. Evans, Judge; 1. Since the contract could not be performed within one year from the date of the making thereof, it clearly fell within the statute of frauds. 53 Tex. 9; 37 S. W. 379; Kirby’s Dig., § 3654, subdiv. 6; 118 S. W. 373; Browne, St. Frauds (4 ed.) § 511; 1 Greenl. Ev. (15 ed.) § 86. 2. After both rested, it was error to admit further testimony to show a renewal of the contract within a year.
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Appeal from Hot Springs Circuit Court; W. H. Evans, Judge; 1. Since the contract could not be performed within one year from the date of the making thereof, it clearly fell within the statute of frauds. 53 Tex. 9; 37 S. W. 379; Kirby’s Dig., § 3654, subdiv. 6; 118 S. W. 373; Browne, St. Frauds (4 ed.) § 511; 1 Greenl. Ev. (15 ed.) § 86. 2. After both rested, it was error to admit further testimony to show a renewal of the contract within a year. An oral agreement not to be performed within a year is not to be validated by a mere oral restatement of it within the year. 110 N. Y. Supp. 185; 164…
1Opinion of the CourtFrauenthal, J.
This is an action for the recovery of damages for an alleged breach of a parol contract for personal services. The appellant is a domestic corporation, engaged i n the manufacture of lumber, and in his complaint the appellee alleged that in October, 1910, through its general agent, the appellant employed him to work for it during the entire year of 1911 at a salary of $100 per month; that he began to work for appellant under said contract on January 2, 1911, and continued to work thereunder until January 11, 1911, when he was discharged without cause. He alleged that appellant had paid him…
2Cases cited16 opinions
- Railway Co. v. DoddSupreme Court of Arkansas · 1894
- Meyer v. RobertsSupreme Court of Arkansas · 1885
- Roach v. RectorSupreme Court of Arkansas · 1909
- Scoggin v. BlackwellSupreme Court of Alabama · 1860
- Comes v. LamsonSupreme Court of Connecticut · 1844
11 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Country Corner Food & Drug, Inc. v. ReissCourt of Appeals of Arkansas · 1987
- Stacy v. StacySupreme Court of Arkansas · 1927
- Three States Lumber Co. v. MooreSupreme Court of Arkansas · 1918
- Reed Oil Company v. CainSupreme Court of Arkansas · 1925
- Jenkins v. International Life InsuranceSupreme Court of Arkansas · 1921
23 more not listed; retrieve them via the Exa API.