ABC Outdoor Advertising, Inc. v. Dolhun's Marine, Inc.

Three issues are presented on this appeal:

1. Does the record show an oral agreement to cancel the contract?

2. May a written contract within the statute of frauds be cancelled or terminated by a subsequent oral agreement?

3. Of what effect is a provision in a written contract forbidding cancellation unless in writing?

The evidence is overwhelming that an oral agreement of cancellation was entered into by Dolhun and ABC’s representative, William Hayes. Hayes himself testified he was called to Dolhun’s office and there he entered into the oral agreement to cancel the contract. That Hayes had…