Johnson v. Ward

LeGRAND, Justice.

We consider here two consolidated cases seeking relief for alleged violation of contract rights. In each case the trial court sustained defendant’s motion to dismiss. We reverse and remand on one, and affirm on the other.

The decisive question is whether the petitions were properly dismissed because of the provision of the statute of frauds which prohibits evidence of an oral contract not to be performed within one year. See § 622.-32(4), The Code, 1973.

I. The First Case.

Plaintiff’s petition alleges an oral contract to form and operate a partnership dealing in dental supplies…