In re Boykoff

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that an agreement was not subject to Statute of Frauds where “an action. . . unquestionably within the defendant’s power to take” would terminate it before a year had elapsed
• explaining that performance “is simply carrying out the contract by doing what it requires or permits”
• noting Statute of Frauds bars oral agreements affording only the plaintiff an option to terminate
• though action for conspiracy to breach could not be maintained as a matter of law, complaint adequately alleged conspiracy to cheat and to defraud
• where defendant had the option to discontinue at any time the activities upon which the agreement was based
• “[A] contracting party may be charged with a separate tort liability arising from a breach of a duty distinct from, or in addition to, the breach of contract.”

Source: CourtListener parenthetical corpus (CC0).