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Lawskills.com Georgia Caselaw
KATZ v. CUSTOM SPRAY PRODUCTS, INC.
66875.
MCMURRAY, Presiding Judge.
Action on contract. Fulton Superior Court. Before Judge Alverson.
Following discovery, defendant moved for judgment on the pleadings, or in the alternative, summary judgment. Defendant's motion for summary judgment was granted, and plaintiff appeals. Held:
Plaintiff's evidence shows that the contract was made on April 13, 1979, in regard to a term of employment of one year beginning on April 30, 1979. Generally, a verbal contract for services to begin in the future and continue for a year is void under the Statute of Frauds. Slater v. Jackson, 163 Ga. App. 342 (2) (294 SE2d 557); OCGA 13-5-30 (5) (formerly Code 20-401 (5)). Although plaintiff left his prior position, moved to Atlanta from the New York area and entered upon his employment with defendant, such was not sufficient part performance under OCGA 13-5-31 (3) (formerly Code 20-402 (3)) to remove the alleged oral contract from the Statute of Frauds. Hudson v. Venture Indus., 243 Ga. 116 (252 SE2d 606); Slater v. Jackson, 163 Ga. App. 342 (2), supra.
In order to remove the alleged oral contract from the Statute of Frauds "[t]he part performance shown must be consistent with the presence of a contract and inconsistent with the lack of a contract." Hudson v. Venture Indus., 243 Ga. 116, 118, supra. Although the compensation, including fringe benefits, provided by defendant to plaintiff is in several respects consistent with the alleged oral contract, the record contains no evidence of part performance inconsistent with the lack of a contract.
Robert G. Holt, Vickie Cheek Lyall, for appellee.
Matthew J. Blender, for appellant.
DECIDED OCTOBER 17, 1983.
Thursday May 21 19:51 EDT


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