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McInerny (P) worked for Charter (D) but was offered a better deal with Hickey-Freeman. D wanted P to continue to work for D, so D made a better offer with a promised guarantee of 10% commission on sales for the remainder of his life. P accepted but by 1992 D fired P. P then sued for breach of contract. D's motion for summary judgment was granted in that the alleged oral contract was unenforceable under the statute of frauds because the contract could not be performed within one year. The appellate court affirmed; no contract for lifetime employment even existed because a promise to forbear another job was insufficient consideration to convert the existing contract from at will to lifetime.

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