Bohemian Mission Bd. v. Fish

Citations

• 33 Ohio C.C. Dec. 690
• 22 Ohio C.C. (n.s.) 490
• 1905 Ohio Misc. LEXIS 389

Syllabus

<p>FRAUDS, STATUTE OF</p> <p>1. Contracts not to be Performed within One Year Include Agreements that do not Admit of Performance Therein.</p> <p>Contracts “not to be performed within one year,” only include agreements which by a fair and reasonable interpretation of the terms used by the parties and in view of all the circumstances existing at the time do not admit of performance according to the language and intention within a year from the time of the making.</p> <p>2. Promissor Handing Promisee Money for First Year of Service</p> <p>Promising to Pay Like Amount for Next Year not in Statute.</p> <p>When the promissor agrees to furnish money to pay the salary of a person for a period of two years and thereupon hands the promisee- an amount sufficient to pay the first year’s salary accompanied with a statement that she will pay a like amount “next year,” such promise is not within the statute of frauds.</p>