This section is from the book "The Law Of Contracts", by William Herbert Page. Also available from Amazon: Commercial Contracts: A Practical Guide to Deals, Contracts, Agreements and Promises.
A contract which is to last for a year from the time that performance begins, and the performance of which is to begin at a day subsequent to the day on which it is made, is not a contract which can be performed within a year from the date of the making thereof, and accordingly is within this clause of the statute.1 Thus a contract of employment for a year to begin in the future,2 an oral agreement to lease property for pay before maturity pay the note within the year. McKeany v. Black, 117 Cal. 587; 49 Pac. 710.
7 Fernald v. Gilman, 123 Fed. 797; McDonald v. Crosby, 192 111. 283; 61 X. E. 505.
8 Reed v. Gold, - Va. -; 45 S. E. 868.
9 Eaton v. Whitaker, 18 Conn. 222; 44 Am. Dec. 586. (The court suggested that a contract to convey the fee in seven months was capable of performance in less than a year, hence a contract to lease for three years must be.)
10 Julian v. Bauer, 82 111. App. 157 (citing Peter v. Compton, Skinner 353; 1 Smith. Lead. Cas. 351 [marginal paging]; Walker v. Johnson, 96 U. S. 424).
1Wickson v. Mfg. Co., 128 Cal.
156; 79 Am. St. Rep. 36; 49 L. R. A. 141; 60 Pac. 764; Cooney v. Murray, 45 111. App. 463; Holloway v. Hampton, 4 B. Mon. (Ky.) 415; Frary v. Sterling. 99 Mass. 461; Reynolds v. Bank, 62 Neb. 747; 87 N. W. 912.
2 Strong v. Bent, 31 X. S. 1; Meyer v. Roberts, 46 Ark. 80; 55 Am. Rep. 567; Fish v. Glass, 54 111. App. 655; Caldwell v. Huntington, 132 Ind. 92; 31 X. E. 566; Shumate v. Farlow, 125 Ind. 359; 9 L. R. A. 657; 25 X. E. 432; Clark County v. Howell, 21 Ind. App. 495; 52 X. E. 769; Kleeman v. Collins, 9 Bush. (Ky.) 460; Davis v. Ins. Co.. 127 Mich. 559; 86 X. W. 1021; Lally v. Lumber Co., 85 Minn. 257; 88 X. W. 846: Kansas City, etc., Ry. v. Con-lee, 43 Neb. 121; 61 X. W. Ill; a year, to begin in the future,3 or a promise to abstain from a certain business for a year, to begin in the future,4 are all within this clause of the statute. If the statute specifically authorizes an oral lease for a term not longer than one year, an oral lease for one year, to begin in the future, is valid.5 However, an oral agreement made in March, to leave ice in an ice-house on the expiration of the renewed lease thereof, a year from the first of April thereafter, has been held not within the statute, since the ice must be put in during the season for ice-cutting, which ends within a year from the time of making the contract.6