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McINTOSH v. MURPHY

No. 4828.

469 P.2d 177 (1970)

Dick McINTOSH and Martha McIntosh v. George MURPHY and Murphy Motors, Limited, a Hawaii Corporation.

Supreme Court of Hawaii.

Rehearing Denied June 12, 1970.

Attorney(s) appearing for the Case

L. Richard Fried, Jr. and Ted Gamble Clause, Honolulu (Pratt, Moore, Bortz & Case, Honolulu, of counsel), for defendants-appellants.

Katsugo Miho, Honolulu (Fong, Miho, Choy & Robinson, Honolulu), for plaintiffs-appellees.

Before RICHARDSON, C.J., and MARUMOTO, ABE, LEVINSON and KOBAYASHI, JJ.

LEVINSON, Justice.

This case involves an oral employment contract which allegedly violates the provision of the Statute of Frauds requiring "any agreement that is not to be performed within one year from the making thereof" to be in writing in order to be enforceable. HRS § 656-1(5). In this action the plaintiff-employee Dick McIntosh seeks to recover damages from his employer, George Murphy and Murphy Motors, Ltd.,...

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