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WINBURN v. ALL AMERICAN SPORTSWEAR CO.

Docket No. 20701.

215 Cal.App.2d 380 (1963)

30 Cal. Rptr. 321

JOHN F. WINBURN, Plaintiff and Appellant, v. ALL AMERICAN SPORTSWEAR COMPANY, INC., Defendant and Respondent.

Court of Appeals of California, First District, Division Three.

April 23, 1963.

Attorney(s) appearing for the Case

Joseph C. Meyerstein, Wootton & Solomon and Richens L. Wootton for Plaintiff and Appellant.

Mueller & McLeod, J.A. Mueller and Harold B. Auerbach for Defendant and Respondent.

DRAPER, P.J.

Plaintiff appeals from summary judgment (Code Civ. Proc., § 437c). The question is whether the oral agreement sued upon is within the statute of frauds because by its terms it "is not to be performed within a year from the making thereof" (Civ. Code, § 1624, subd. 1).

[1] The complaint alleges that in July 1960 the parties orally agreed that plaintiff should be the west coast factory representative

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