Great Atlantic & Pacific Tea Co. v. Warren

(after stating the case as above).

It conclusively appeared from the evidence (as we understand it) that the contract sued upon was not in writing, was entered into October 1, 1929, and was for appellee’s services as manager of appellant’s meat market for one year beginning October 7, 1929. The facts being as stated, appellant insists it appeared the contract was within the inhibition in subdivision 5 of article 3995, Rev. St. 1925, against the bringing of an action “upon any agreement which is not to be performed within the space of one year from the making thereof.” Appellant- cites cases…