Washington Law Review


J. Orrin Vining


The statute of frauds in Washington, states that in certain specified cases an agreement, contract and promise shall be void unless the same or some note or memorandum thereof be in writing and signed by the party to be charged therewith. By subdivision I this provision extends to every agreement that by its terms is not to be performed in one year from the making thereof. Two recent decisions of our Supreme Court have gone into an extended interpretation of this subdivision regarding two troublesome questions of law arising thereunder. The first of these questions is: What is the test for determining whether the oral agreement by its terms is not to be performed within one year from the making thereof? The second question is: Will part performance take an oral agreement, contract or promise, which by its terms can not be performed within a year, outside of the statute of frauds?

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