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May the contract be proved by the oral evidence

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Reference no: EM132532854

1. A sold to B real estate for a stipulated price. The agreement was oral. A has not yet delivered the real estate. B has not yet paid the price. B offered to buy, but A refused to go ahead with the agreement. Under the Satute of Frauds, to be enforceable, an agreement for the sale of real estate must be in writing (Art 1403 [2e]); B sued for specific performance. A?s attorney objected, setting up the Statute of Frauds as the reason for the objection.

a. May the contract be proved by the oral evidence?

b. Suppose in the above problem, the price had already been paid, would your answer be the same?

Reference no: EM132532854

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