If the contract is within the statute of frauds, extrinsic evidence is admissible to show that other terms than those reduced to writing have in fact been agreed upon, and thus to show that the memorandum does not satisfy the statute.1 Such a contract, proved partly in writing and partly by oral evidence cannot be enforced.2 If, however, a written offer is accepted orally with modifications, the entire writing never took effect as a contract. The parties are, therefore, free to show the contract actually made between them.3 Thus a written offer to furnish material and to do work for a lump sum may be shown to have been accepted with the oral modification, assented to by the adversary party, that payment should be made in installments.4