Legal Opinion

Valley Planting Co. v. Wise

Supreme Court of Arkansas

Decided December 20, 1909PublishedCited by 17 opinions

Appeal from Drew Circuit Court; Henry W. Wells, Judge; The contract could not be performed within a year, and was therefore within the statute of frauds.

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Appeal from Drew Circuit Court; Henry W. Wells, Judge; The contract could not be performed within a year, and was therefore within the statute of frauds. Kirby’s Dig., § 3554; 46 Ark. 80. And part performance of such a contract does not take it out of the statute. 48 Ark. 485. The verdict was in accordance with the law. 46 Ark. 80; 96 U. S. 424; 54 Ark. 189; 56 Ark. 600; 9 Ark. 394; 19 Ark. 671; 39 Ark. 280; 57 Ark. 370; 58 Ark. 617; 78 Ark. 336; 80 Ark. 232; Kirby’s Dig., § 5027. The complaint stated a cause of action. 56 Ark. 597. The statute of frauds applies only to contracts which, by…

1Opinion of the CourtMcCulloch, C. J.

This is an action instituted by appellee to recover damages for breach of an alleged contract for hire. He alleged that appellant, a corporation, hired him as overseer of 'its plantation in Drew County, Arkansas, to superintend the making and gathering of the crop of the year 1908, and agreed to pay him $1,000 for his services, but -discharged him without cause before the expiration of the period of service. He recovered judgment below for the sum of $400.

The evidence as to the terms of the contract is conflicting. The contract was a verbal one, and was entered into in the early part of…

2Cases cited4 opinions

  1. Walker v. JohnsonSupreme Court of the United States · 1878
  2. Briges v. SperrySupreme Court of the United States · 1877
  3. Meyer v. RobertsSupreme Court of Arkansas · 1885
  4. Railway Co. v. WhitleySupreme Court of Arkansas · 1891

3Cited by17 opinions

  1. Miller v. Riata Cadillac CompanyTexas Supreme Court · 1974
  2. Dodson v. Allstate InsuranceSupreme Court of Arkansas · 2001
  3. Hochstetler v. GraberNorth Dakota Supreme Court · 1951
  4. Township Builders, Inc. v. Kraus Construction Co., Inc.Supreme Court of Arkansas · 1985
  5. Reed Oil Company v. CainSupreme Court of Arkansas · 1925

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