11401 Corp. v. Moses & Associates

By JUDGE HERBERT C. GILL, JR.

At the pretrial conference on August 4, 1988, counsel for defendant requested that the Court preclude a writing made subsequent to a lease agreement from consideration as evidence pursuant to Section 11-2(6) of the Virginia Code which provides that no action may be brought, "upon any contract for the sale of real estate, or for the lease thereof for more than a year . . . unless the promise . . . be in writing and signed by the party to be charged . . . ." Counsel for defendant also argued that partial performance does not defeat the statute of frauds as Plaintiff…