In some jurisdictions the courts hold that the Statute of Frauds affects the original contract, but that it does not affect the performance thereof.1 Under this theory, accordingly, it is held that an oral executory modification which affects merely the performance of the contract, is operative and modifies the corresponding provisions of the original contract.2 Under this theory, an oral extension of time for paying the purchase price, is enforceable if it is made before the expiration of the time for payment fixed by the terms of the original contract.3