BELL, Judge.
1. The defendant contends that the trial court erred in striking its defensive plea of the statute of frauds from the answer as pleaded in this language: "21. Further answering said petition, and by way of special plea, the defendant avers that the alleged cause of action in the plaintiff's petition rests upon an agreement in parol; that said alleged agreement could not be performed within one year; and that, therefore, said cause of action is barred...
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