 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1874 - 678 pages
...operation of the fourth subdivision of the first section of our statute of frauds will be void, because it was not to be performed within a year from the making thereof. It is a well settled rule of construction, that a cotemporary exposition of a constitution or a statute,... | |
 | Marcus Tullius Hun - Law reports, digests, etc - 1875 - 948 pages
...in the complaint is not within the statute of frauds. The contract was not one " that by its terms was not to be performed within a year from the making thereof." (2 RS, 135, § 2, sub. 1 ; Van Woert v. Albany and Susquehanna RR Go., 1 NYSC, 256.) The agreement... | |
 | Law reports, digests, etc - 1918 - 1214 pages
...performed within one year." But the answer to this is that the agreement was not one which, by its terms, was not to be performed within a year from the making thereof. Code Civ. Proc. i 1973, subd. 1. [4] The defendants' fourth contention is that: "Plaintiff claims no... | |
 | Law reports, digests, etc - 1921 - 1150 pages
...the oral agreement between the plaintiff and the defendants was invalid under the statute of frauds, because, by its terms, it was not to be performed within a period of 1 year, but was to extend over the life of the patent, or a period of 17 years. The trial... | |
 | Law reports, digests, etc - 1885 - 664 pages
...remained about two weeks. Defendant claimed that the contract was void under the statute of frauds, because by its terms it was not to be performed within a year from the making thereof. The court assumed that the statute applied to this contract, but left to the jury the questions whether... | |
 | Law reports, digests, etc - 1896 - 1172 pages
...this assignment is that the contract sued upon was yoid by force of the statute of frauds, because It was not to be performed within a year from the making thereof. This assignment is without merit It was testified on behalf of the plaintiff that the contract was... | |
 | Law reports, digests, etc - 1904 - 1164 pages
...of the plaintiff's case, the defendants moved for a nonsuit upon the ground that the contract proved was not to be performed within a year from the making thereof, and, not being in writing, could not be sued upon. This motion was denied by the judge. It should have... | |
 | Law reports, digests, etc - 1901 - 1214 pages
...be held to be by parol. The answer in this case, therefore, set up only a verbal contract; and, as by its terms It was not to be performed within a year from the making of it, It was not enforceable. The evidence satisfies us. also, that the arrangement referred to in... | |
 | Law reports, digests, etc - 1920 - 1206 pages
..."issued from year to year during the said three years," and this contract, according to the allegations, was not to be performed within a year from the making thereof and was within the statute of frauds. Kirby's Digest, § 3054. According to the allegations of the... | |
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It is suggested that such a contract would be void, because, by its terms, it was not to be performed within a year from the making thereof. 
