Plimpton v. Curtiss
New York Supreme Court
. \ ' Demurrer to plea. The plaintiff declared on a contract made the first day of October, 1828, by which the defendant engaged to find timber for the frame of a house arid to build a . house for the plaintiff, of certain dimensions, the whole to be done before the close of the year 1829. In consideration of which, the plaintiff was to pay a certain sum, payments to be made as the work progressed.
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. \ ' Demurrer to plea. The plaintiff declared on a contract made the first day of October, 1828, by which the defendant engaged to find timber for the frame of a house arid to build a . house for the plaintiff, of certain dimensions, the whole to be done before the close of the year 1829. In consideration of which, the plaintiff was to pay a certain sum, payments to be made as the work progressed. The defendant pleaded actio non, because the promises, &c. were not to be performed within one year from the time of the making of the agreement, and that no note or memorandum, in writing of the…
1Opinion of the Court
By the Court,
Savage, Ch. J.
It seems to be conceded by the defendant, that this plea would have been bad upon special demurrer, as amounting only to the general issue, but he insists that objection cannot be raised upon a general demurrer.
The true question upon this record is, whether the agreement set forth in the declaration is according to its fair construction not to be performed within a year. The language of the revised statutes, 2 R. S. 135, <§> 2, is as follows: “In the following cases every agreement shall be void unless such agreement, or some note or memorandum thereof, expressing…
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