Collins Music Co. v. Cook

Bell, Judge:

This is an action by Collins Music for specific performance of an oral contract. Since the contract could not be performed within one year and was not evidenced by a writing that satisfies the statute of frauds, we reverse the decree of specific performance entered by the circuit court.

In April 1977, Collins Music contracted with one George Petusky for the exclusive right to provide game machines for Petusky’s lounge in downtown Clemson for a period of five years. The contract provided, among other things, that Collins Music and Petusky would divide the proceeds from the machines…