FIELDS v. R.S.C.D.B., INC.

No. 63740.

865 S.W.2d 877 (1993)

James J. FIELDS, Plaintiff-Appellant, v. R.S.C.D.B., INC., Symcor Companies, Inc., Kenneth D. Symsack and Brian Symsack, Defendants-Respondents.

Missouri Court of Appeals, Eastern District, Division Four.

November 30, 1993.


Attorney(s) appearing for the Case

Robert J. Danis, Robert L. Nussbaumer & Associates, St. Louis, for plaintiff-appellant.

Douglas P. Dowd, Dowd & Dowd, P.C., St. Louis, for defendants-respondents.


SMITH, Judge.

Plaintiff, James J. Fields, sued R.S.C.D.B., Inc., Symcor Companies, Inc., Kenneth D. Symsack and Brian Symsack for breach of an alleged five year oral employment agreement and tortious interference with the same agreement. Defendants asserted the statute of frauds, § 432.010 RSMo 1986, as a defense. Plaintiff concedes the agreement could not be performed within one year's time and that it was not alleged to have been written. The trial court dismissed...

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