Newbanks v. Ash Grove Lime & Portland Cement Co.

The opinion of the court was delivered by

Harvey, J.:

This is an action in damages alleged to have resulted from the breach of a parol contract of employment for personal services. The trial court sustained a demurrer to plaintiff’s evidence, and he has appealed.

The legal question presented is whether the case is controlled by the statute of frauds (R. S. 33-106). In other words, was the parol contract relied upon one which could not be performed within a year?

In that portion of the petition necessary to be considered on this point it is alleged, in substance, that on May 27, 1926, plaintiff…