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SMITH v. MOELLER

49393, 49394.

132 Ga. App. 184 (1974)

207 S.E.2d 669

SMITH v. MOELLER; and vice versa.

Court of Appeals of Georgia.

Decided June 19, 1974.

Attorney(s) appearing for the Case

Johnston & Brannen, Sam L. Brannen, for appellant.

Allen, Edenfield, Brown & Franklin, Charles H. Brown, for appellee.

DEEN, Judge.

1. Agreements not to be performed within one year from their execution must be in writing, with certain exceptions, such as that "one party to the contract performs some act essential to the performance of the contract which results in loss to him and benefit to the other." Code § 20-402(3); Yarborough v. Hi-Flier Mfg. Co., 63 Ga.App. 725 (12 S.E.2d 133).

2. "A verdict may only be directed in situations where if there were a determination...

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