
    Jones v. Pouch.
    Error to the District Court of Clinton County.
    
      L. H. Baldwin and A. II. Jones, for plaintiffs in error.
    
      Stone §• Walker and A. M. Williams, for defendants in ■error.
   By the Court.

A verbal agreement to construct a ■section of a road within a year and twenty days from the ■date of the contract was made by competent parties. The ■work could be completed within the year, and the twenty ■daj^s was a precaution against contingencies.

Held: This was not an “agreement that is not to be performed within the space of one year from the making thereof;” andan action thereon is not prohibited by the statute of frauds (section 4199 Revised Statutes).

Judgment affirmed.  