Tompkins v. Tompkins

It appears from the petition that, aside from any other consideration as to whether a valid contract is alleged, the agreement was oral, and the obligation, if any, of the defendant thereunder required a space of fifteen months for performance. Code § 20-401 provides in part: “To make the following obligations binding on the promisor, the promise must be in writing, signed by the party to be charged therewith or some person by him lawfully authorized, viz. . . 5. Any agreement (except contracts with overseers) that is not to be performed within one year from the making thereof.” Code § 20-402…