Ray v. Young
Texas Supreme Court
Error from Goliad. This suit was brought to recover compensation for damages incurred by the plaintiff, in work and labor done and performed by him in the execution of a verbal contract with the defendant’s intestate.
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Error from Goliad. This suit was brought to recover compensation for damages incurred by the plaintiff, in work and labor done and performed by him in the execution of a verbal contract with the defendant’s intestate. The contract is alleged to have been made about the 1st of June, 1852; that it was agreed between defendant’s intestate and plaintiff, that plaintiff should keep the stock of cattle of the said intestate, for the term of five years, for one-fourth of the increase, to be appropriated and branded as plaintiff’s share at suitable times for branding, generally from season to season;…
1Opinion of the CourtLipscomb, J.
There can be no doubt but the Court sustained the demurrer on the ground that, as the contract was not to be completed before the end of five years, and it not being in writing, it was void under the statute of frauds providing that no action shall be brought “ upon any agreement which “ is not to be performed within the space of one year from “ the making thereof, unless the promise or agreement upon “ which such action shall be brought, or some memorandum “ thereof, shall be'in writing, signed by the party to be charged “ therewith.” (Hart. Dig. Art. 1451.) If the suit had been founded upon…
2Cited by16 opinions
- Frazer v. HoweIllinois Supreme Court · 1883
- Lee v. BoutwellTexas Supreme Court · 1875
- Dunphy v. RyanSupreme Court of the United States · 1886
- Scott v. WalkerTexas Supreme Court · 1943
- Barnett v. MendenhallSupreme Court of Iowa · 1875
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