the death of Mrs. Herbst." (See, also, Burr v. Floyd, supra.) [4] Appellant likewise urges that the alleged contract is invalid under the statute of frauds. (Civ. Code, § 1624, subds. 1 and 6.) The complete answer to this contention is to be found in Mayborne v. Citizens T...
Owens rejected an opportunity to amend and elected to stand on his complaint. The court, noting the thrust of the entire matter was to circumvent the statute of frauds, sustained the
REVIEW OF SELECTED 1998 CALIFORNIA LEGISLATION: CIVIL: Has Communications Technology Rendered The Statute of Frauds a Fraud of a Statute?John M. Feser Jr
(2) the statute of frauds (sec. 1624a, Code Civ. Proc.); (3) a breach of the contract by appellant in that the cameras were not completed within the time or delivered at the place required thereby; and (4) an abandonment of the contract in January, 1930, by agreement of the ...