112 Wis. 27 | Wis. | 1901
The motion to direct a verdict for defendant was improperly granted. The evidence shows that plaintiff’s son was a minor and had never been emancipated; that on the first Monday in November, 1898, he made a verbal contract with defendant to work for him for one year for the sum of $200, to commence on the 1st day of December following; that he worked seven months and twenty-two days, and then quit without any valid excuse; that such services were reasonably worth $10 per month for the winter months and $20 per month for the summer months; that he had been paid $57.70 by defendant during the progress of the work. The defendant insists that the plaintiff acquiesced in the contract, that the contract was entire, and that no recovery could be had without showing, full performance. This is evidently the view taken of it by the court. This assumes the contract was a valid one. Sec. 2307, Stats. 1898,. makes void every agreement that, by its terms, is not to be performed within one year from the ■making thereof, unless some note or memorandum thereof, expressing the consideration, be in writing, and subscribed by the party charged therewith. The contract in question ■did not meet any of these requirements. By its terms it was not to be performed within one year. It was void under the statute, not having been'reduced to writing. The
By the Court.— The judgment is reversed, and the causé-is remanded for a new trial.