This section is from the book "The Law Of Contracts", by William Herbert Page. Also available from Amazon: Commercial Contracts: A Practical Guide to Deals, Contracts, Agreements and Promises.
If A and B enter into an oral contract by the terms of which A agrees either to perform an act which is not within the statute of frauds or at his election to perform a different act which is within the statute, and A interposes the statute of frauds to B's action on such contract, B cannot recover since he cannot show a breach of the contract without establishing by oral evi-dence a contract within the statute of frauds and showing a breach thereof.1 Thus an oral contract to pay money or con-
3 Hurley v. Donovan, 182 Mass. 64; 64 N. E. 685.
4 A promise to a contractor by a third person to pay the entire contract price if he completed his contract after default by the adversary party. Rand v. Mather, 11 Cush. (Mass.) 1; 59 Am. Dec. 131; overruling Loomis v. Newhall. 15 Pick. (Mass.) 159.
5 Adams v. Weaver. 117 Cal. 42; 48 Pac. 972; Lowman v. Sheets. 124 Ind. 416; 7 L. R. A. 784; 24 N. E.
351; Haynes v. Nice, 100 Mass. 327; 1 Am. Rep. 109; Rand v. Mather, 11 Cush. (Mass.) 1; 59 Am. Dec. 131; Wooten v. Walters, 110 N. C. 251; 14 S. E. 734, 736. '
6 Wooten v. Walters. 110 N. C. 251; 14 S. E. 734. 736.
7 Adams v. Weaver, 117 Cal. 42; 48 Pac. 972.
8 Haynes v. Nice, 100 Mass. 327; 1 Am. Rep. 109.
1 Patterson v. Cunningham, 12 Me. 506; Andrews v. Broughton, 78 vey realty is unenforceable,2 as a contract to devise land or bequeath personalty.3