Giron v. Toy Estate

HOUSE, P.J.,

This matter is presently before the court upon agreement of the parties to preliminarily decide what effect, if any, the statute of frauds, 33 P.S. § 1 et seq. has upon a purported written agreement between plaintiff and defendant’s decedent. An evidentiary hearing on the issue of the statute of frauds was held on November 25, 1981. We have received evidence and briefs of the parties in this matter and the issue is therefore ripe for decision.

Plaintiff alleges in his complaint, as amended, that he and defendant’s decedent, Edwin W. Toy, entered into a written agreement for the…