Kent v. Allied Oil & Supply, Inc.

MORGAN, Justice.

This is a suit by an employee (respondent) to recover from his employer (appellant) a percentage of net profits allegedly earned under a contract of employment. The parties first agreed that the respondent would receive $1,000 per month plus 40% of the net profit, and subsequently changed this agreement to $750 per month plus 50% of the net profit. The appellant urges that the contract of employment was void under the statute of frauds 1 as the same was incapable of performance within one year. We affirm the judgment.

As we view the contract, the salary was paid on a…