Mayer v. King Cola Mid-America, Inc.

660 S.W.2d 746 · Missouri Court of Appeals · 1983

Facts

Plaintiff Theodore Mayer orally agreed to a three-year employment contract with King Cola Mid-America, Inc. as general manager, moving from Chattanooga to St. Louis. Despite discussions and Mayer starting work, no written contract was ever executed, and he was later terminated. The trial court granted a directed verdict for the defendant based on the Statute of Frauds.

Issue

Did the trial court err in granting a directed verdict for the defendant, finding that the oral three-year employment contract was barred by the Statute of Frauds and that neither various writings nor promissory estoppel excused compliance?

Holding

The appellate court affirmed the trial court's directed verdict, ruling that the three-year oral employment contract was unenforceable under the Statute of Frauds and that promissory estoppel did not apply.

Rule

The Statute of Frauds requires agreements not to be performed within one year to be in writing and signed. To satisfy this with multiple documents, they must be connected by express reference or clear implication. Promissory estoppel requires a promise, detrimental reliance, and that injustice can only be avoided by enforcement, but it generally cannot abrogate the Statute of Frauds for contracts clearly within its scope.

Read the full opinion on CourtListener

Case brief last reviewed 2026-04-18. Prepared by CaseReader from the published opinion.