United States Fifth Circuit

In an action for breach of an employment contract, dismissal of the complaint is affirmed where: 1) under Texas law, a contract for a stated term longer than one year is not taken out of the statute of frauds when there is a mere possibility of termination within one year due to contingent events set forth in the contract, including termination by a party; 2) payment of a salary for services rendered was insufficient to take the alleged agreement out of the statute of frauds because the services were fully explained by the salary without supposing any additional consideration; and 3) plaintiff's equitable estoppel claim failed because he did not allege reliance damages.

Appellate Information

• Decided 03/15/2010
• Published 03/16/2010

Judges

Court

• United States Fifth Circuit

Counsel