Warner v. Texas & Pacific Railway Co.

Syllabus

<p>The clause of the statute of frauds, which requires a memorandum in writing of “ any agreement which is not to bé performed within the space of one year from the making thereof,” applies only to agreements which, according to the intention of the parties, as shown by the terms of their contract, cannot be fully performed within a year; and not to an agreement which may be fully performed within the year, although the time of performance is uncertain, and may probably extend, and may have been expected by the parties to extend, and does in fact extend, beyond the year.</p> <p>An oral agreement between a railroad company and the owner of a mill, by which it is agreed that, if he will furnish the ties and grade the ground for a switch opposite his mill, the company will put down the iron rails and maintain the switch for his benefit for shipping purposes as long as he needs it, is not within the statute of frauds, as an agreement not to be performed within a year.</p> <p>The provisions of the statute of frauds of the State of Texas concerning sales or leases of real estate do not include grants of easements.</p>