SOUTHERN STATES LIFE INSURANCE CO. v. FOSTER

No. 7065.

229 F.2d 77 (1956)

SOUTHERN STATES LIFE INSURANCE COMPANY, Appellant and Cross-Appellee, v. J. W. FOSTER and S. V. Foster, as copartners, Appellees and Cross-Appellants.

United States Court of Appeals Fourth Circuit.

Decided January 4, 1956.


Attorney(s) appearing for the Case

Charles W. Waring, Charleston, S. C. (Waring & Brockinton, Charleston, S. C., on the brief), for appellant and cross-appellee.

Thomas E. McCutchen, Columbia, S. C. (James D. Walters, Whaley & McCutchen, Columbia, S. C., on the brief), for appellees and cross-appellants.

Before SOPER and DOBIE, Circuit Judges, and BRYAN, District Judge.


BRYAN, District Judge.

Holding that the agency commission agreement between the appellant and the appellees, which was clearly not performable within a year, is evidenced by such a signed writing as is required of it under the statute of frauds of South Carolina, but even if not so evidenced, that the agreement has been so far performed by the appellees as to save it from the bar of the statute, the District Court has entered judgment against the appellant on the...

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