W. P. Brown & Sons Lumber Co. v. Rattray

KNIGHT, Justice.

'The plaintiff stated his case against the defendant, on amendment, in four counts. 'Counts five, six and seven were common ■counts, while count four is upon an express contract, resting in parol.

To count four, the defendant filed a number of grounds of demurrer, some taking the point that it is not averred that there was a consideration for the contract, while other grounds take the point that the contract alleged in said count came within the statute of frauds, in that by its terms it was not to be performed within one year from the making thereof.

There is no merit whatever…