| 1831 - 436 pages
...a feigned issue to try the question of fraud. Barrow v. Bispham, 6 Halst. 110. FRAUDS, Statute of. A parol agreement that the son of A shall serve B,...avoided by a service of a few months under the contract. Qucere, whether a part performance is ever an answer to the statute, except in courts of equity ? Squire... | |
| Joseph Chitty - 1855 - 1120 pages
...within a year. Delano v. Montague, 4 Gushing, 42. A parol agreement that the son of A. shall serre В. for the term of four years, is void under the statute...And the operation of the statute is not avoided by a eervice of a few months under the contract. Squire v. Whipple, 1 Venn. 69 ; Tuttle г. Swett, 31 Maine,... | |
| James Kent - 1858 - 778 pages
...written lease for a further occupation of one year on the snme terms, is within the statnte of frauds, being a contract not to be performed within a year, and the tenant holding over and diselaiming the agreement, is a tenant at sufferance. Delnno v. Montague, 4... | |
| 1874 - 402 pages
...breach of this agreement. Held, 1. That the contract was not void for uncertainty. 2. That it was not void under the Statute of Frauds, as being a contract not to be performed within a year. — Bennett v. Peck. 316. Insolvent Act of 1869, sec. Ьй-Kemedy against Assignee. The holder of a... | |
| 1897 - 1116 pages
...for plaintiff's benefit for shipping purposes "so long aa he may need It" la not within the atatute of frauds as being a contract not to be performed within a year. 2. A verbal contract to build and maintain a switch for plaintiff's benefit for shipping purposes,... | |
| 1879 - 686 pages
...misconduct, and it was held in the Exchequer Division that this contract was within the 4th section of the Statute of Frauds, as being a contract not to be performed within a year. The case went to the Court of Appeal (24 WR 338), but that Court being of opinion that there was no... | |
| James Gray Stevens - 1880 - 1564 pages
...this agreement is was Held, 1st. That the contract was not void for uncertainty. 2nd, That it was not void under the Statute of Frauds, as being a contract not to be performed within a year. Bennet v. Peck, 2 Pug. 816. 33— Restraint of trade— Public Policy. An action against defendant,... | |
| New York (State). Supreme Court. Appellate Division - 1909 - 1088 pages
...following, and to extend for one year, and he so testified, and claimed the contract was, therefore, invalid under the Statute of Frauds, as being a contract not to be performed within one year from the time it was made, and that, therefore, the services having been rendered without... | |
| 1906 - 1260 pages
...maintain a switch for Warner's benefit for shipping purposes "so long as he may need it" was not within the statute of frauds, as being a contract not to be performed within a year. After reviewing a great many authorities upon the subject the court said: "The parties may well have... | |
| Texas. Court of Civil Appeals - 1909 - 760 pages
...maintain a switch for Warner's benefit for shipping purposes "so long as he may need it," was not within the statute of frauds as being a contract not to be performed within a year. After reviewing a great many authorities upon the subject the court said : "The parties may well have... | |
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