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.