SHERMAN v. HAINES

No. 94-1485.

73 Ohio St.3d 125 (1995)

SHERMAN ET AL., APPELLEES, v. HAINES, APPELLANT.

Supreme Court of Ohio.

Decided August 16, 1995.


Attorney(s) appearing for the Case

Weick, Gibson & Lowry, Michael J. Moran and Leslie S. Graske, for appellees.

Legal Aid Society, Clare I. McGuinness, David E. Cruikshank and George B.P. Haskell, for appellant.


ALICE ROBIE RESNICK, J.

The issue certified is whether "[a]n alleged oral agreement for the payment of installments is `an agreement that is not to be performed within one year from the making thereof' pursuant to the R.C. 1335.05 Statute of Frauds when the installment payment obligation exceeds one year." The resolution of this issue will determine the propriety of the trial court's denial of appellees' motion for leave to file an amended complaint alleging breach...

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