SENTRY INSURANCE, A MUTUAL COMPANY, APPELLANT,

v.

ESTATE OF ROBERT F. RICHARDS, APPELLEE

Citator

Cited By

• Acoustic Innovations, Inc. v. Carey Schafer, 976 So. 2d 1139 (Fla. 4th DCA 2008)
  …sferred the shares to Schafer immediately after forming the oral agreement, had Schafer requested that he do so. The fact that Schafer waited until a year had passed to request the shares is of no import. As stated by this court in Byam v. Klopcich, 454 So. 2d 720 (Fla. 4th DCA 1984), “The general rule is that an oral contract for an indefinite time is not barred by the Statute of Frauds. Only if a contract could not possibly be performed within one year would it fall within the statute.” Id. at 721 (citation…
• Hesston Corp. v. Roche, 599 So. 2d 148 (Fla. 5th DCA 1992)
  …. Schenkel v. Atlantic National Bank of Jacksonville, 141 So. 2d 327, 330 (Fla. 1st DCA), cert. denied, 148 So. 2d 280 (Fla.1962). Only if a contract could not possibly be performed within one year would it fall within the statute. Byam v. Klopcich, 454 So. 2d 720, 721 (Fla. 4th DCA1984). The result is that a promise to employ someone for five years,3 two years, or even thirteen months, has to be in writing in order to be enforceable, but a promise to employ someone for their entire life does not.4 In Hope v…
• Wilcox v. Lang Equities, Inc., 588 So. 2d 318 (Fla. 3d DCA 1991)
  …be performed within a year, according to its intent and the understanding of the parties, it should not be construed as being within the statute of frauds. Id. See Restatement (Second) of Contracts § 130, comment a (1981); see also Byam v. Klopcich, 454 So. 2d 720 (Fla. 4th DCA 1984); Gulf Solar, Inc. v. Westfall, 447 So. 2d 363 (Fla. 2d DCA 1984). In Byam, the fourth district found an oral employment contract which was of indefinite duration and which thus could possibly have been performed within one year w…