RATTAN AND BAMBOO SHOP, INC. v. RUTTER

No. 62-151.

147 So.2d 11 (1962)

RATTAN AND BAMBOO SHOP, INC., Appellant, v. Sheldon RUTTER, William J. Allen, Custom Craft-Parry Industries, Inc., Appellees.

District Court of Appeal of Florida. Third District.

December 4, 1962.


Attorney(s) appearing for the Case

Ersoff & Suisman, Miami, for appellant.

Schwarz & Cohen, Daniel Neal Heller and Victor Lehman, Miami, for appellees.

Before PEARSON, TILLMAN, C.J., and CARROLL and BARKDULL, JJ.


PER CURIAM.

The plaintiff in the trial court appeals an order dismissing its complaint with prejudice. The controlling question is whether the contract sought to be enforced was an oral agreement within the Statute of Frauds (§ 725.01, Fla. Stat., F.S.A.) in that it was an "* * * agreement that is not to be performed within the space of one year from the making thereof, * * *."

Plaintiff-appellant operates a rattan furniture factory. Sheldon Rutter, one...

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