Professional Documents
Culture Documents
Facts: Crabtree was seeking employment with defendant and specified that he
would only accept a position for $25k/year with a 3 year employment contract, due
to the risks he was taking accepting that position. Defendant offered him (written
as a memo, but unsigned) $20k first 6 mos., $25k 2nd 6 mos., and $30k after 1
year, with a 2 year employment contract. Crabtree accepted. He rec'd the payroll
increase from $20k to $25k, but did not receive the $30k increase at the end of
the 1st year. The payroll cards for Crabtree were signed and stamped by (1)
general manager, and (2) comptroller, and they noted the previously mentioned
salary increases. Crabtree informed the comptroller that he had a contract with
Miss Arden, and when it was attempted to be straightened out, Miss Arden refused
to approve the additional pay increase. Crabtree then left his employment and
commenced this action for breach of contract.
Issue: As the contract relied upon was not performed within a year, was
there a memorandum of its terms, subscribed by defendant, to satisfy the statute
of frauds?
Rule:
The Statute of Frauds (Personal Property Law, 31) which states that an
agreement not to be performed within one year is void unless "some note or
memorandum thereof be in writing, and subscribed by the party to be charged."
Notes
Statute of frauds argues (defense) - theres no writing (memo wasn't signed)
Court adopts a subject matter test/transaction test - memo that states the 2
year contract wasn't signed.
But they have the payroll cards that refer to same thing.
Court says there is a sufficient connection between papers - b/c all papers
refer to same transaction