Frantz v. Parke

BURNETT, Judge.

Should an unwritten covenant not to compete be enforced? That is the central issue in this case. The issue has been raised by a chiropractor who sued to enforce an unwritten agreement purportedly barring competition for a period of five years. In a summary judgment, the district court held that such an agreement would violate Idaho’s one-year statute of frauds. We affirm.

We are asked to decide whether a possibility of death within one year takes the alleged agreement outside the statute of frauds; whether the statute is obviated by full or part performance of the agreement; and…