Kelly v. Terrell
Supreme Court of Georgia
Assumpsit, in Hancock Superior Court. Tried before Judge Thomas, Fall Term, 1858. The facts of this case are stated in the opinion of the Court.
1Opinion of the Court
By the Court.
McDonald J.
delivering the opinion.
The defendant pleaded the statute of frauds, that the agreement upon which the action was brought was not to be performed within the space of a year from the making thereof, and that it was not in writing. The plea is not in precise form, but it is substantially correct. It was not excepted to, and had it been, it might have been amended in the Court below. On the trial, no writing was produced, but a witness testified that four or five days before Christmas, 1854, he had a conversation with the defendant’s intestate, who told him that he had…
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