Yarborough v. Hi-Flier Manufacturing Co.

(After stating the foregoing facts.) One of the grounds of general demurrer was that it appeared from the declaration as amended that the suit was “on an oral contract not to be performed within one year, and such is therefore not enforceable under the statute of frauds.” The statute of frauds embraces “any agreement . . that is not to be performed within one year from the making thereof.” Code, § 20-401. In White v. Simplex Radio Company, 61 Ga. App. 157 (5 S. E. 2d, 922), following answer of the Supreme Court to certified question (188 Ga. 412, 3 S. E. 2d, 890), it was held: “An oral…