Legal Opinion

Gilliam v. Kouchoucos

Texas Supreme Court

Decided November 9, 1960No. A-7629PublishedCited by 22 opinions

1Opinion of the CourtJustice Smith

This suit involves the application of the Statute of Frauds, *300Article 3995, Section 5,1 2to an oral contract of employment for the term of ten years, and where the testimony also shows that it was agreed that “this contract and agreement shall, however, terminate on the death of the operator.”

The parties are in agreement as to the terms of the oral contract. The question here is whether the agreement is within the prohibition of the statute, notwithstanding the possibility of termination within less than a year by reason of respondent’s death. An analogous question was before this court in the…

2Cases cited9 opinions

  1. Chevalier v. Lane's, Inc.Texas Supreme Court · 1948
  2. W. M. W. N.W. Ry. Co. v. WoodTexas Supreme Court · 1895
  3. Marble v. Town of ClintonMassachusetts Supreme Judicial Court · 1937
  4. Wright v. DonaubauerTexas Supreme Court · 1941
  5. Deevy v. PorterSupreme Court of New Jersey · 1953

4 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Sullivan v. Leor Energy, LLCCourt of Appeals for the Fifth Circuit · 2010
  2. Collins v. Allied Pharmacy Management, Inc.Court of Appeals of Texas · 1994
  3. Thompson v. StuckeyWest Virginia Supreme Court · 1983
  4. Silverman v. BernotSupreme Court of Virginia · 1977
  5. Young v. Ward, Texas Court of Appeals, 10th District (Waco)1996

17 more not listed; retrieve them via the Exa API.

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