Smith v. Kinkaid

This was a suit commenced before a justice of the peace of Grundy county, for an amount claimed to be due from appellee to appellant for rent of part of the Eoss House in Morris, used for a classical school. The appellee claimed a set-off, and also that the contract for the renting was void under that portion of the statute of frauds, which provides that no action shall be brought upon any agreement that is not to be performed within the space of one year from the making thereof. Appellee claimed that the contract was made prior to the Erst of October, A. D. 1875, for a year, ending October…