Niday v. Niday

This is a suit for breach of an oral contract between two brothers whereby John Niday, who operated a funeral home, promised Ronnie Niday that if Ronnie obtained his funeral director’s license, John would transfer to him a share of the business. The question before us is whether the alleged agreement is unenforceable as violating the requirement of Tex.Bus. & Com. Code Ann. § 26.01 that contracts not to be performed within one year be in writing.

The trial court granted summary judgment for John Niday. The court of appeals, in an unpublished opinion pursuant to Tex. R.Civ.Pro. 452, reversed…