Greenfield v. Cary

The opinion of the court was delivered by

Garretson, J.

The plaintiff sued to recover for breach of a contract, entered into October 18th, 1902, to serve as a picture frame joiner for one year, from October 27th, 1902, at $18 a week, and that he was discharged December 13th, 1902, being paid in full to that time.

At the close of the plaintiff’s case the defendants moved for a nonsuit upon the ground that the contract proved was not to be performed within a year from the making thereof, and, not being in writing, could not be sued upon.

This motion was denied by the judge. It should have been…