Reckley v. Zenn

RobiNSON, Judge :

Plaintiff claims recovery under an alleged verbal contract with defendants, partners as the Elk Lick Lumber Company. Defendants submit that a contract is not proved, and that in any event the alleged contract is within the statute of frauds as one not to be performed within a year. On these grounds they seek a reversal of the judgment which plaintiff obtained below.

The evidence on the question as to whether the alleged contract was actually entered into by a meeting of the minds .of the parties is conflicting oral testimony involving the credibility of witnesses who testified…