McDonnell & Co. v. Home Bitters Co.

Opinion by

Walker, R. S., P. J.

§ 1159. Statute of frauds; contract not to be performed within one year, etc. An agreement which may or may not be performed within a year is not required by the statute of frauds to be in writing; it must appear from the agreement itself that it is not to be performed within a year. [Thouvenin v. Lea, 26 Tex. 614; Roberts on Frauds, 188; 18 Pick. 364; 1 Root, 150; id. 89; 12 Conn. 455; 10 Johns. 244; Thomas v. Hammond, 47 Tex. 46.] Whatever may be the rule when the contingency is beyond the control of the parties, there is no doubt that when they have the power…