Friday, October 5, 2012

Mercer v. C.A. Roberts Company case brief

Mercer v. C.A. Roberts Co
570 F.2d 1232

What this case teaches:  Statute of Frauds invalidates oral contracts.

FACTS
-P was hired to establish a Dallas sales office, he does and it becomes
very successful. Agreement was oral and without a definite term of duration. After 4
years, company unilaterally and retroactively stops deal.

ISSUE
-Is the employment contract enforceable under the Statute of Frauds?

HOLDING
-No, the employment K was unenforceable under the Statute of
Frauds.

RULES
-A promise is not enforceable unless it is in writing, signed, and performed
within one year of the date of making the agreement.
-Partial performance of employment agreements by employees have been held
insufficient to render Statute of Frauds inoperative.

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