Zimmerman v. Bank of America National Trust & Savings Ass'n

We face the question here whether a respondent, who allegedly maliciously induced the breach of appellant’s oral contract, may successfully invoke the defense that the statute of frauds renders appellant’s contract unenforceable and as a consequence relieves respondent of any liability. As we shall point out, we do not believe respondent may properly invoke such a defense.

Appellant's complaint alleges that he entered into one oral contract with the defendants Tony and Hazel Gaetani and another oral contract with defendants Israel and Tetiana Smiliansky (not involved as respondents in this…