Fields v. R.S.C.D.B., Inc.

SMITH, Judge.

Plaintiff, James J. Fields, sued R.S.C.D.B., Inc., Symcor Companies, Inc., Kenneth D. Symsaek and Brian Symsack for breach of an alleged five year oral employment agreement and tortious interference with the same agreement. Defendants asserted the statute of frauds, § 432.010 RSMo 1986, as a defense. Plaintiff concedes the agreement could not be performed within one year’s time and that it was not alleged to have been written. The trial court dismissed the case for failure to state a cause of action.

Plaintiff appeals arguing that the contract should be enforced under the doctrine…