Abraham v. Kendall

Plaintiff is in the business of selling mobile homes, and defendant is the owner of a mobile home park. Plaintiff alleges that defendant breached an oral agreement that was reached between plaintiff and defendant’s agent, Richard Pleasant, the manager of the park.1 Defendant moved for and the trial court granted summary judgment on the ground, inter alia, that the agreement is within the Statute of Frauds, ORS 41.580, and is therefore not actionable. We reverse.

In February, 1980, Pleasant rented plaintiff a space in the park on a month-to-month basis. Plaintiff intended to place a mobile home…