Thompson v. Stuckey

300 S.E.2d 295 (W. Va. 1983)

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Nature of the Case

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Facts

Thompson (P) hired Stuckey (D) to prepare a plot of land for a mine site. D orally promised to pay P $1,200 per month, $.10 per ton of coal mined, and a bonus of $100,000 if the land was sold. P was paid for his work but the mine was sold before production began. The contract could have been performed within a year. The parties did not expect that the contract would be performed within a year. The contract took longer than one year. D refused to pay P the $100,000. P sued. The jury found for P. D appealed; the Statute of Frauds.