Bunbury v. Krauss

Bunbury argues that the evidence fails to show an oral contract supplanting the payment terms of the land contract. He argues that the parol evidence rule excludes the evidence relied upon by the court to support its findings; and, in any event, since the statute of frauds requires a contract transferring an interest in real estate to be in writing, the oral modification, if in fact agreed upon, is in violation of the statute of frauds and void.

The trial herein was before the court, and when a trial judge finds there has been an oral modification or substitution of a written contract, this…