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WARNER v. TEXAS AND PACIFIC RAILWAY

No. 47.

164 U.S. 418 (1896)

17 S.Ct. 147

41 L.Ed. 495

WARNER, v. TEXAS AND PACIFIC RAILWAY COMPANY.

Supreme Court of United States.

Decided November 30, 1896.

Attorney(s) appearing for the Case

Mr. Horace Chilton for plaintiff in error.

Mr. John F. Dillon for defendant in error. Mr. Winslow S. Pierce and Mr. David D. Duncan were on his brief.

MR. JUSTICE GRAY, after stating the case, delivered the opinion of the court.

The statute of frauds of the State of Texas, reënacting, in this particular, the English statute of 29 Car. II, c. 3, § 4, (1677) provides that no action shall be brought "upon any agreement which is not to be performed within the space of one year from the making thereof," unless the "agreement upon which such action shall be brought, or some memorandum or note thereof, shall...

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