This section contains the nature of the case and procedural background.

Hopper (P) made a verbal contract with Lennen & Mitchell, Inc. (D) for a weekly radio program. The oral contract was for a minimum of 26 weeks and a maximum of five years. D had a 30 day right to cancel with written notice after the 26-week period. D repudiated the contract before P began performance. P sued for damages for breach of contract. D raised the Statute of Frauds and his motion to dismiss was granted. P appealed.

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