Harris v. Porter , 2 Del. 27 ( 1835 )

But the Court said, that this was a contract which could not possibly be performed within one year; by its terms it was to continue four years. And though it might be annulled or put an end to by the postmaster general within the year, it still falls within the act as an agreement which, according to its terms, is not to be performed within the space of one year.

Nonsuit ordered.