[WSBARP] Oral Agreement

ron at housh.org ron at housh.org
Thu Jul 2 12:51:17 PDT 2020


Thanks Eric and my client thanks you!!

 

 

 

I AM TYPICALLY IN THE SEATTLE OFFICE ON TUESDAY AND THURSDAY AND IN THE
MOUNT VERNON OFFICE ON MONDAY, WEDNESDAY AND FRIDAY 

 

Ronald G. Housh, P.S.

Attorney at Law

 

Seattle Office:

1420 Fifth Avenue, Suite 3000

Seattle, WA 98101-2393

Phone:   206-381-1341

Fax:        206-464-0461

Email:     <mailto:ron at housh.org> ron at housh.org

 

Mount Vernon Office:

21411 Bluejay Place

Mount Vernon, WA 98274

Phone:  206-235-2459

Email:    <mailto:ron at housh.org> ron at housh.org

 

From: wsbarp-bounces at lists.wsbarppt.com On Behalf Of Eric Nelsen
Sent: Thursday, July 02, 2020 12:04 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Oral Agreement

 

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

1417 31st Ave South

Seattle WA 98144-3909

206-625-0092

eric at sayrelawoffices.com <mailto:eric at sayrelawoffices.com> 

 

Covid-19 Update - All attorneys are working remotely during regular business
hours and are available via email and by phone; please call the Seattle
office. Videoconferencing also is available. Signing of estate planning
documents can be completed and will be handled on a case-by-case basis;
please call the Seattle office.

 

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

 

I AM TYPICALLY IN THE SEATTLE OFFICE ON TUESDAY AND THURSDAY AND IN THE
MOUNT VERNON OFFICE ON MONDAY, WEDNESDAY AND FRIDAY 

 

Ronald G. Housh, P.S.

Attorney at Law

 

Seattle Office:

1420 Fifth Avenue, Suite 3000

Seattle, WA 98101-2393

Phone:   206-381-1341

Fax:        206-464-0461

Email:     <mailto:ron at housh.org> ron at housh.org

 

Mount Vernon Office:

21411 Bluejay Place

Mount Vernon, WA 98274

Phone:  206-235-2459

Email:    <mailto:ron at housh.org> ron at housh.org

 

 

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