GENERAL FED. v. J.A. FEDERLINE, INC.

[No. 30, September Term, 1978.]

283 Md. 691 (1978)

393 A.2d 188

GENERAL FEDERAL CONSTRUCTION, INC. v. JAMES A. FEDERLINE, INC.

Court of Appeals of Maryland.

Decided November 8, 1978.


Attorney(s) appearing for the Case

Alfred L. Scanlan, with whom were Shea & Gardner, Joseph C. Zengerle, Harry Tyson Carter and Brainard H. Warner, III, on the brief, for appellant.

Paul J. Walstad, with whom were Lynn B. Larsen and Walstad, Wickwire, Peterson, Gavin & Asselin, P.C., and Charles M. Tobin on the brief, for appellee.

The cause was argued before MURPHY, C.J., and SMITH, DIGGES, LEVINE, ELDRIDGE, ORTH and COLE, JJ.


SMITH, J., delivered the opinion of the Court.

We shall here hold that the "one year clause" of the Maryland Statute of Frauds does not bar collection of damages for breach of an oral contract absent an express and specific provision in that contract that it was not to be performed within one year or a clear demonstration by its terms that it was not or could not be so performed. In the circumstances of this case we find that there was a clear demonstration that the...

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