Lindsay v. McEnearney Associates, Inc.

The primary issue we consider in this appeal is whether a contract that must be in writing pursuant to the statute of frauds, Code § 11-2, may be modified by a parol agreement.

I

A

This case was decided on a motion for summary judgment. Therefore, we must adopt the facts and inferences from those facts that are most favorable to the nonmoving party, Cynthia A. Lindsay, unless those inferences are forced, strained, or contrary to reason. Levine v. Selective Ins. Co. of America, 250 Va. 282, 283, 462 S.E.2d 81, 82 (1995); Renner v. Stafford, 245 Va. 351, 353, 429 S.E.2d 218, 220 (1993).

Lindsay…