John Robert Lucas v. Whittaker Corporation, a California Corporation, and Whittaker Power Systems Corporation, a California Corporation

PICKETT, Circuit Judge.

In this diversity action, Lucas sued Whittaker to recover the balance due him on an alleged two-year oral employment contract. Whittaker denied the existence of the contract and also relied on the statute of frauds as a defense, since it was an agreement not to be performed within a year. A jury found that Lucas was employed for the two-year period. The parties agreed that the court should decide the statute of frauds issues. The court held that under the circumstances the doctrine of equitable estoppel prevented Whittaker from asserting the statute as a defense. Lucas…