Doyle v. Dixon
Massachusetts Supreme Judicial Court
Contract for breach of an agreement by the defendant not to go into the grocery business in Chicopee for five years. At the new trial in the superior court, before Rockwell, J., after the decision reported 12 Allen, 576, it appeared in evidence that the defendant was a grocer at Chicopee, and that on November 19,1864, he and the plaintiff entered into an agreement and signed a memorandum thereof in writing, by which it was provided that on December 1 ensuing the defendant…
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Contract for breach of an agreement by the defendant not to go into the grocery business in Chicopee for five years. At the new trial in the superior court, before Rockwell, J., after the decision reported 12 Allen, 576, it appeared in evidence that the defendant was a grocer at Chicopee, and that on November 19,1864, he and the plaintiff entered into an agreement and signed a memorandum thereof in writing, by which it was provided that on December 1 ensuing the defendant would transfer to the plaintiff his stock of goods, and would lease to the plaintiff his shop for five years, at an agreed…
1Opinion of the CourtGray, J.
It is well settled that an oral agreement which according to the expression and contemplation of the parties may or may not be fully performed within a year is not within that clause of the statute of frauds, which requires any “ agreement not to be performed within one year from the making thereof” to be in writing in order to maintain an action. An agreement therefore which will be completely performed according to its terms and intention if either party should die within the year is not within the statute. Thus in Peters v. Westborough, 19 Pick. 364, it was held that an agreement to…
2Cases cited1 opinion
- Barrett v. GoddardU.S. Circuit Court for the District of Massachusetts · 1822
3Cited by66 opinions
- Northern Pacific Railroad v. HerbertSupreme Court of the United States · 1886
- Arkansas Valley Land & Cattle Co. v. MannSupreme Court of the United States · 1889
- Carnig v. CarrMassachusetts Supreme Judicial Court · 1897
- Blake v. . VoigtNew York Court of Appeals · 1892
- Cook v. Globe Printing Co.Supreme Court of Missouri · 1910
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