71 Ala. 452 | Ala. | 1882
Hndef the provisions of the statute of frauds, as adopted in this State, “every agreement which, by its terms, is not to be performed within me yecur from the making thereof,” is declared to be void, “ unless such agreement, or some note or memorandum thereof, expressing the considera
That a contract for labor, or personal' services, if not to be ' performed within a year, falls within the influence of this statute, is well settled, and can admit of no question.—Scoggin v. Blackwell, 36 Ala. 351; 2 Parson on Cont. (6th Ed.) *45. Where, therefore, one is employed for a year’s service, to begin in futuro, the agreement is void, if merely -oral, and the employee- can not maintain an action on it against the employer, or master, for discharging him before the expiration of the year. 2 Whart. Ev. § 883; Scoggin v. Blackwell, supra ; Dickson v. Frisbee, 52 Ala. 165; Treadway v. Smith, 56 Ala. 345.
The contract which is the basis of the present action, consists of a correspondence by letter. It must be regarded as having been entered into on the 20th of August, 1881, the, date of the plaintiff’s letter accepting the proposition which the defendants had made to him. Inasmuch as the time of service is claimed to be for the period of one year, and was not to begin until the 22d of August, 1881, it is manifest that no recovery can be had upon the contract, unless it conforms to the requirements of the statute of frauds.
It is no objection, of course, that the written evidence, adduced to establish the alleged contract, is a correspondence of the parties by letters, provided these documents are so connected together by mutual reference, or otherwise, as to leave no ambiguity or uncertainty touching their legal effect and meaning, when taken together and construed as a whole.—3 Parson on Cont. 17; Browne on Stat. Fr. § 346. But the contract, or intention of the parties, as said by Mr. Greenleaf, “must all be collected from the writings¡ verbal testimony not being admissible to supply any defects or omissions in the written evidence. For the policy of the law is to prevent fraud and perjury, by taking all the enumerated transactions entirely out of the reach of any verbal testimony whatever.”—1 Greenl. Ev. § 268. This rule does not, however, exclude proof of surrounding circumstances in aid of construction, at least in a certain class of cases to which the present does not belong.—Jenkins v. Harrison, 66 Ala. 345 ; 1 Addison on Cont. § 213. Parol evidence is often admitted to aid the identification of the subject-matter.—Fry on Spec. Perf. *166; Mead v. Parker, 115 Mass. 413; S. C. 15 Amer. Rep. 110; Ellis v. Burden, 1 Ala. 458; Chambers v. Ringstaff, 69 Ala. 140.
The main point of objection here taken is, that it nowhere appears in the correspondence what was the amount of sala/ry or compensation which the defendants are alleged to have prom
The tendency has been too great, perhaps, on the part of the courts to construe away the wise provisions of this salutary statute, by' creating exceptions, designed to mitigate the rigor of its application to supposed hard cases.' All admit it to be impossible to harmonize these numberless conflicting decisions. This court has announced its indisposition to further relax the operation of the statute to meet the necessities and equity of particu
It is insisted that, even if the contract under consideration is void for want of conformity to the statute of'frauds, a recovery can still be had upon an implied agreement, that the defendants would continue to pay plaintiff the same salary which they had paid him for the year previous. Such might be the case, perhaps, in view of plaintiff’s remaining in the service of the defendants, had there been no new contract, and had the character of the services to be performed remained unchanged.—Parker v. Hollis, 50 Ala. 411. But this presumption is destroyed by the fact, that another contract is put in evidence, essentially different from the original one in’many of its terms and conditions. And this new contract, although void under the statute of frauds, has been held by this court to be competent to destroy the implication of any intention to continue in force the old one.—Crommelin v. Thiess & Co., .31 Ala. 412.
We discover no error in the ruling of the court below, sustaining the defendants’ demurrer to the evidence introduced by the plaintiff, and the judgment is affirmed.