Mitchell v. Hanley

Hart, J.,

(after stating the facts). The judgment of the circuit court was wrong. In the very nature of things the contract between the plaintiff and the defendant could not be performed within a year, and was void within the sixth subdivision of § 4862 of Crawford & Moses’ Digest, which provides, in effect, that no action shall be brought to charge any person upon any promise, contract, or agreement that is not to be performed within one year from the mailing thereof, unless the same is in writing and signed'by the party to be charged therewith.

This court has held that the statute applies…