Piedmont Life Insurance Co. v. Bell

Bell, Judge.

The defendant contends that the trial court erred in striking its defensive plea of the statute of frauds from the answer as pleaded in this language: “21. Further answering said petition, and by way of special plea, the defendant avers that the alleged cause of action in the plaintiff’s petition rests upon an agreement in parol; that said alleged agreement could not be performed within one year; and that, therefore, said cause of action is barred by the statute of frauds.”

In McDougald v. Banks, 13 Ga. 451, the Supreme Court held that it is necessary' to plead the appropriate…