Meyer v. Roberts
Supreme Court of Arkansas
APPEAL from Jefferson Circuit Court. Hon. J. A. Williams, Circuit Judge. The contract sued on was made prior to October 13,1882, ;and was for the balance of 1882 and the entire year of 1883. No contract is alleged to have been made at any time in 1883, and being in parol, was within the statute of frauds. 13 JR. I., 480; 55 Mo., 97. This distinction is clearly settled: While if performance of the contract within a year is possible, it is not within the statute, yet if it was…
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APPEAL from Jefferson Circuit Court. Hon. J. A. Williams, Circuit Judge. The contract sued on was made prior to October 13,1882, ;and was for the balance of 1882 and the entire year of 1883. No contract is alleged to have been made at any time in 1883, and being in parol, was within the statute of frauds. 13 JR. I., 480; 55 Mo., 97. This distinction is clearly settled: While if performance of the contract within a year is possible, it is not within the statute, yet if it was possible to defeat or end the contract January 1,1883, which was within one year from the making thereof, it was not on…
1Opinion of the Court
OPINION.
Smith, J.
Roberts complained that, on the -13th of October, 1882, he had been employed by Meyer, as a manager of his plantations, for the remainder of that year and also for the following year, provided neither of the parties should object on the 1st day of January, 1883, to the continuance of the arrangement; that his stipend was to be $100 per month, besides being furnished with a house to-live in and his horse to be fed at his employer’s expense; and that he continued to serve without objection until the 1st of May, 1883, when he was discharged without cause,, to his damage $600.
The…
2Cases cited2 opinions
- Hicks v. BurhansNew York Supreme Court · 1813
- Kelly v. TerrellSupreme Court of Georgia · 1858
3Cited by22 opinions
- Blue Valley Creamery Co. v. Consolidated Products Co.Court of Appeals for the Eighth Circuit · 1936
- Oak Leaf Mill Co. v. CooperSupreme Court of Arkansas · 1912
- Harris v. Arkansas Book Co.Supreme Court of Arkansas · 1985
- Biest v. VerSteeg Shoe Co.Missouri Court of Appeals · 1902
- Country Corner Food & Drug, Inc. v. ReissCourt of Appeals of Arkansas · 1987
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