Contracts for the performance of which no time is fixed, and which from their subject-matter admit of performance within the year, are not within this clause of the statute,1 even if it is probable that the contract will be performed after the year.2 Thus a contract to furnish goods to a new corporation exclusively, no time being specified,3 or a contract to marry in the future, no time being fixed,4 even if the parties may not anticipate marriage within the year,5 as where the marriage is to take place when promisor recovers his health,6 are not within the statute. So a contract in the fall of one year to raise and divide a crop of tobacco during the season of the following year;7 a contract made on June 5, 1883, to furnish material for four buildings, three of them to be erected in the season of 1883 and the fourth in the season of 1884 ;8 and a contract made in October, 1886, for the delivery of a quantity of corn, at a price to be fixed as the market price of corn in that county at any date that vendor chooses between the date of delivery and May, 1888,9 are all contracts which may be performed within a year from the date of making. So a contract to construct a street if the adversary party buy a lot and build on it, is not within the statute, as it may be performed within the year.10

47 L. R. A. 385; 45 Atl. 459 (a contract to marry "within three years"); Kent v. Kent, 18 Pick. (Mass.) 569.

3 Mills v. O'Daniel (Ky.), 62 S. W. 1123. (A contract to accept a certain sum in full if paid "within two years " held within the statute.)

4 De Land v. Hall, - Mich. -; 96 N. W. 449.

1 Devalinger v. Maxwell, - Del. -; 54 Atl. 684; Vocke v. Peters, 58 111. App. 338; Sprague v. Benson, 101 la. 678; 70 N. W. 731; Fain v. Turner, 96 Ky. 634; 29 S. W. 628; Neal v. Parker, - Md. -; 57 Atl. 213; Durgin v. Smith, 115 Mich. 239; 73 N. W. 361; Gault v. Brown, 48 N. H. 183; 2 Am. Rep.

210; Hintze v. Krabbenschmidt (Tex. Civ. App.), 44 S. W. 38.

2McConahey v. Griffey, 82 la. 564; 48 N. W. 983; MacElree v. Wolfersberger, 59 Kan. 105; 52 Pac. 69; Durgin v. Smith, 115 Mich. 239; 73 N. W. 361.

3Durgin v. Smith, 115 Mich. 239; 73 N. W. 361.

4 Clark v. Reese, 26 Tex. Civ. App. 619; 64 S. W. 783.

5 MacElree v. Wolfersberger, 59 Kan. 105; 52 Pac. 69.

6McConahey v. Griffey, 82 Ia. 564; 48 N. W. 983.

7 Burden v. Lucas (Ky.), 44 S. W. 86.

8Sarles v. Shadow, 5 Dak. 100; 37 N. W. 748.