Legal Opinion
Sherman v. Haines
Ohio Supreme Court
Decided August 16, 1995No. 94-1485PublishedCited by 29 opinions
1Opinion of the CourtAlice Robie Resnick, J.
The issue certified is whether “[a]n alleged oral agreement for the payment of installments is ‘an agreement that is not to be performed within one year from the making thereof pursuant to the R.C. 1335.05 Statute of Frauds when the installment payment obligation exceeds one year.” The resolution of this issue will determine the propriety of the trial court’s denial of appellees’ motion for leave to file an amended complaint alleging breach of oral contract.1
As relevant here, R.C. 1335.05 provides that “[n]o action shall be brought whereby to charge the defendant * * * upon an agreement that…
2Cases cited18 opinions
- Warner v. Texas & Pacific Railway Co.Supreme Court of the United States · 1896
- Rochester Civic Theatre, Inc. v. Maria RamsayCourt of Appeals for the Eighth Circuit · 1966
- Steward v. SirrineArizona Supreme Court · 1928
- Frazer v. FulcherOhio Supreme Court · 1848
- Hendry v. BirdWashington Supreme Court · 1925
13 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Lynch, Inc. v. Samatamason Inc.Court of Appeals for the Seventh Circuit · 2002
- Landskroner v. LandskronerOhio Court of Appeals · 2003
- Advance Sign Group, LLC v. Optec Displays, Inc.Court of Appeals for the Sixth Circuit · 2013
- Spectrum Benefit Options, Inc. v. Medical MutualOhio Court of Appeals · 2007
- All Star Land Title v. Surewin Invest., Unpublished Decision (11-2-2006)Ohio Court of Appeals · 2006
24 more not listed; retrieve them via the Exa API.