Opinion
Gen. No. 44,603. (Abstract of Decision.)
Opinion filed June 20, 1949 Released for publication July 18, 1949
FRAUDS, STATUTE OF, § 33 — salary claim. Where plaintiff's compensation under oral contract of employment by defendant was to be paid from month to month, recovery of salary due for services rendered for three months was not barred by statute of frauds on theory that plaintiff's testimony that his employment was to be permanent showed that contract violated the statute because it was not to be performed within one year.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Cook county; the Hon. ROSCOE C. SOUTH, Judge, presiding.
Affirmed. Heard in the first division, first district, this court at the October term, 1948;
Deneen Massena, for appellant;
Ralph B. Mack, Joseph Keig and Dwight W. Croessmann, of counsel;
John V. Schaffenegger, for appellee; Edward T. Maslanka, of counsel.
Not to be published in full. Opinion filed June 20, 1949; released for publication July 18, 1949.