Brown v. Siemens

The first reason assigned why the complaint is alleged to be fatally defective is that the representations, made by defendant to the plaintiff concerning the financial conditions of the bank, are not alleged to have been in writing. It is not necessary to allege that a contract within the statute of frauds is in writing. That is a matter of evidence. Section 809, Or. L., relied on by the defendant, is to the effect that no evidence is admissible. The statute does not require that one, relying on a contract within the statute of frauds, must aver that it is in writing: Smith v. Jackson, 97 Or.…