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JOHNSON v. WARD

Nos. 59527, 60578.

265 N.W.2d 746 (1978)

Howard E. JOHNSON, Appellant, v. Loren WARD, Appellee.

Supreme Court of Iowa.

May 17, 1978.

Attorney(s) appearing for the Case

Smith & Kennedy, Waterloo, for appellant.

Swisher & Cohrt, Waterloo, for appellee.

Considered by MOORE, C. J., and RAWLINGS, LeGRAND, REES, and HARRIS, JJ.

LeGRAND, Justice.

We consider here two consolidated cases seeking relief for alleged violation of contract rights. In each case the trial court sustained defendant's motion to dismiss. We reverse and remand on one, and affirm on the other.

The decisive question is whether the petitions were properly dismissed because of the provision of the statute of frauds which prohibits evidence of an oral contract not to be performed within one year. See §

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