Opinion
Gen. No. 9,490. (Abstract of Decision.)
Opinion filed February 28, 1946 Released for publication March 26, 1946
FRAUDS, STATUTE OF, § 36 — contract not performable within one year from making as void under statute of frauds. In forcible detainer action for possession of farm land under year to year tenancy, where statutory notice was given and defendant relied upon alleged oral agreement to give longer notice than 60 days permitted by statute, and it appeared that such oral contract could not be performed within one year from time it was allegedly made, held contract was void under statute of frauds (Ill. Rev. Stat. 1945, ch. 59, par. 1, ch. 80, par. 5; Jones Ill. Stats. Ann. 55.01, 72.05).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Logan county; the Hon. FRANK S. BEVAN, Judge, presiding.
Judgment affirmed. Heard in this court at the February term, 1946.
Edwin C. Mills, for appellant;
Woods Woods, for appellee.
Not to be published in full. Opinion filed February 28, 1946; released for publication March 26, 1946.