First Page
962
Abstract
Both the one year provision and the sale of goods provision of the Statute of Frauds were construed in Anderson-Gregory Co. v. Lea.'Regarding the duration of the contract, the facts in the opinion are somewhat sparse... The court held that the contract did not come within this provision of the statute. If a contract could have been performed, under its terms, within a year from the time of its making, it is not within the Statute of Frauds, even though it is improbable that the contract would be performed within a year.
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The Tennessee Supreme Court case of Oman Construction Co. v.Tennessee Central Ry. raises an interesting and somewhat unusual question relative to the rule that several contracts relating to one transaction are to be construed together... A second count of plaintiff's declaration was in tort and based upon alleged acts of negligence. It charged Oman and McKenzie with specific acts of negligence and alleged that Goldberg was negligent in the supervision of the work by allowing and approving the negligent and careless acts of the contractors...
On appeal, the supreme court held that Goldberg was not liable to plaintiff. The court could find no provision in Goldberg's contract with the city or in the contract between Oman and the city or in the contract between the plaintiff and the city which expressly provides for any contractual liability on the part of Goldberg to the plaintiff.
Recommended Citation
Paul J. Hartman,
Contracts -- 1963 Tennessee Survey,
17 Vanderbilt Law Review
962
(1964)
Available at: https://scholarship.law.vanderbilt.edu/vlr/vol17/iss3/15