Howard's Administrator v. Burgen
Court of Appeals of Kentucky
Assumpsit-. From the Circuit Court for Madison County. A contract t© board a man during his life, for a sum—part to be paid down, arid the balance “thereafter,” is riot an “agreement which is not to be performed witbitt the space of one year,” as the man may die within that time; so it is not within the statute of frauds.
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Assumpsit-. From the Circuit Court for Madison County. A contract t© board a man during his life, for a sum—part to be paid down, arid the balance “thereafter,” is riot an “agreement which is not to be performed witbitt the space of one year,” as the man may die within that time; so it is not within the statute of frauds. Proof that the boarder abandon, ed the house of the other party, without cause, would not defeat the action for the price; yet, after evidence that ho lived there and called the house his home has been given, evidence that he had withdrawn and did not call the house his home…
1Opinion of the Court
Judge Ewing
delivered the Opinion of the Court.
Burgen filed his declaration in assumpsit against Smith, as administrator of Joseph Howard, deceased, in which he alleged, that a contract had. been made between Howard, in his lifetime* and the plaintiff, by which it was agreed that the plaintiff should board and clothe said Howard, as one of bis own family during his life, and said Howard was to pay him therefor, the sum of three hundred and fifty dollars—one hundred and fifty dollars to be paid down, the balance thereafter.
The contract does not fall within the statute of frauds and perjuries.
It…
2Cited by14 opinions
- W. M. W. N.W. Ry. Co. v. WoodTexas Supreme Court · 1895
- Stowers v. HollisCourt of Appeals of Kentucky · 1886
- Biest v. VerSteeg Shoe Co.Missouri Court of Appeals · 1902
- East Tennessee Telephone Co. v. Paris Electric Co.Court of Appeals of Kentucky · 1914
- Frankfort & Cincinnati Railway Co. v. JacksonCourt of Appeals of Kentucky · 1913
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