Schust v. Perington

Opinion by

Mr. Justice Moore.*

As plaintiff in the trial court William G. Schust sought to recover the sum of $25,079.90 which he alleged to be due and owing from Alton L. Perington and Lee T. Richardson under the terms of an oral contract entered into in January 1962. The two defendants denied that any contract had been entered into between them and Schust. Moreover, they alleged that Schust could not recover from them in any event for the reason that the contract, being an oral agreement, was void under the statute of frauds. The particular section of that statute which the defendants relied…