Horton v. Wollner, Hirshberg & Co.
Supreme Court of Alabama
Appeal from the City Court of Mobile. Tried before Hon. O. J. Semmes. This action was commenced on the 14th March, 1882, by E. E. Horton against Wollner, Hirshberg & Co., to recover damages for the breach of a contract made and entered into by them, whereby, as is averred, the defendants employed the plaintiff for the term of one year, to commence on the 22d August, 1881, at and for a stated salary; the alleged breach being that the defendants, in January, 1882, discharged…
Read the full summary
Appeal from the City Court of Mobile. Tried before Hon. O. J. Semmes. This action was commenced on the 14th March, 1882, by E. E. Horton against Wollner, Hirshberg & Co., to recover damages for the breach of a contract made and entered into by them, whereby, as is averred, the defendants employed the plaintiff for the term of one year, to commence on the 22d August, 1881, at and for a stated salary; the alleged breach being that the defendants, in January, 1882, discharged plaintiff from their service without cause and without fault on his part. One ■ of the defenses pleaded by the defendants…
1Opinion of the Court
Somerville, J
Hndef the provisions of the statute of frauds, as adopted in this State, “every agreement which, by its terms, is not to be performed within me yecur from the making thereof,” is declared to be void, “ unless such agreement, or some note or memorandum thereof, expressing the considera*456tion, is in writing, and subscribed by the party to be charged therewith, or some other person by him thereunto lawfully an thorized in writing.” — Code, 1876, § 2121. .
That a contract for labor, or personal' services, if not to be ' performed within a year, falls within the influence of this…
2Cases cited13 opinions
- Chambers v. RingstaffSupreme Court of Alabama · 1881
- Jenkins v. HarrisonSupreme Court of Alabama · 1880
- Mead v. ParkerMassachusetts Supreme Judicial Court · 1874
- Crommelin v. Thiess & Co.Supreme Court of Alabama · 1858
- Ellis v. BurdenSupreme Court of Alabama · 1840
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Formby v. WilliamsSupreme Court of Alabama · 1919
- Westmoreland v. PorterSupreme Court of Alabama · 1883
- Dineen v. SullivanMontana Supreme Court · 1949
- Alba v. StrongSupreme Court of Alabama · 1891
- Greenberg v. RaySupreme Court of Alabama · 1926
6 more not listed; retrieve them via the Exa API.