Question
Robert and Lynette Knigge owned a B&L Food Store in Redfield, South Dakota. Robert, diagnosed with brain cancer and given five months to live, entered
Robert and Lynette Knigge owned a B&L Food Store in Redfield, South Dakota. Robert, diagnosed with brain cancer and given five months to live, entered into an oral contract with his brother, David, to manage the store. Robert died five months after the date of the contract. Lynette terminated David's employment two months later. David filed a suit in a South Dakota state court against his sister-in-law. He alleged that the oral contract with his brother provided for a severance payment if Lynette ended his employment after her husband's death.
Does the one-year rule under the Statute of Frauds (SOF) apply to this case?
In the first paragraph of your post, explain why a court would conclude that the one-year rule under the SOF does apply to this case.
In the second paragraph of your post, explain why a court would conclude that the one-year rule under the SOF does not apply to this case.
In your third paragraph, state whom you believe should win this case and explain your decision.
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