41 A. 83 | N.H. | 1898
As the exception was general and no brief has been furnished, the error which the defendants intended to allege by the exception is a matter of conjecture. If it was that the agreement set up by the plaintiff was within the statute of frauds because it was not to be performed within one year from the time it was made (P. S., c. 215, s. 2), the exception must be *361
overruled. "If by its terms, or by reasonable construction, the contract can be fully performed within a year, although it can only be done by the occurrence of some contingency by no means likely to happen, — such as the death of some party or person referred to in the contract, the statute has no application and no writing is necessary." Blanding v. Sargent,
Exception overruled.
CLARK, C. J., did not sit: the others concurred.