88 Ga. App. 563 | Ga. Ct. App. | 1953
It appears from the petition that, aside from any other consideration as to whether a valid contract is alleged, the agreement was oral, and the obligation, if any, of the defendant thereunder required a space of fifteen months for performance. Code § 20-401 provides in part: “To make the following obligations binding on the promisor, the promise must be in writing, signed by the party to be charged therewith or some person by him lawfully authorized, viz. . . 5. Any agreement (except contracts with overseers) that is not to be performed within one year from the making thereof.” Code § 20-402 provides in part: “The foregoing section does not extend to the following cases, viz. . . 3. Where there has been such part performance of the contract as would render it a fraud of the party refusing to comply, if the court did not compel a performance.” But “the mere circumstance that a verbal agreement has been in part performed can afford no reason, such as to control the action of any court, whether of law or equity, for
The trial court did not err in sustaining the general demurrers and dismissing the petition.
Judgment affirmed.