Edwards v. Farve

Citations

• 110 Miss. 864
• 71 So. 12

Syllabus

<p>1. Statute of Frauds. Agreements not to he performed within one year.</p> <p>Under the provisions of the statute of frauds, providing that contracts not to be performed within one year from the making thereof must be in writing, the possibility of the \\death of the ¡promisor within one year would not take the contract out of the statute unless the death leaves the contract fully performed, 'the rule being, if the death of the promisor within the year would merely prevent full performance of the agreement, it is within the statute; but if his death would leave the agreement completely performed and its purpose fully carried out, it is not.</p> <p>2. Statute of Frauds. Agreements not to he performed within one year.</p> <p>In a suit on a contract for the delivery of ninety thousand logs at the rate of two hundred per day, an instruction that a suit cannot be maintained on an oral contract which was not to be performed within one year and if the jury believed that the logs icould not be handled within one year at the rate of two hundred a day they shall find for the defendant, should not have been refused, as the contract was within the statute of frauds since the clause “not to be performed within one year from the making thereof” means to include any agreement which, by fair and reasonable interpretation of the term used by the parties, and in view of all the circumstances existing at the time, does not admit of its performance, according to its language and intention, within a year from the time of its making.</p>