[WSBARP] Oral Agreement

[Eric Nelsen]

See Dewberry v. George, 115 Wn.App. 351, 361-362 (2003). That's a part performance case enforcing an oral prenuptial agreement, but the situation is the same from an evidentiary perspective: the post-agreement conduct of the parties is crucial evidence pointing to the existence of the oral agreement. That conduct must be proved by clear, cogent, and convincing evidence, and must be explainable only by the terms of the alleged oral contract, and not by any other hypothetical legal relationship such as landlord-tenant.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
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eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of ron at housh.org
Sent: Thursday, July 2, 2020 11:44 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Oral Agreement

Hoping to save some research time on a small matter for a client with modest means.

Isn't evidence of post agreement conduct of parties admissible to prove the existence of an oral agreement that is enforceable as a contract?

This does not involve a contract subject to the statute of frauds.

If anyone has researched this issue recently and can point me to a case, I [and my client] will be very appreciative.

Ron

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Ronald G. Housh, P.S.
Attorney at Law

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