Payne v. Robertson, Beiter & Conner, Inc.

Deen, Presiding Judge.

" 'A contract which is required by the statute of frauds to be in writing, and which is therefore put in writing, can not be modified by a subsequent agreement in parol.’ Gulf Oil Corp. v. Willcoxon, 211 Ga. 462 (2) (86 SE2d 507); Jarman v. Westbrook, 134 Ga. 19 (2) (67 SE 403); Elrod v. Camp, Flanigan & Toole, 150 Ga. 48 (2) (102 SE 357). The contract which the petitioner relies on is an oral modification of a written contract to sell land, and is not binding on the seller. Code § 20-401 (4).” Sanders v. Vaughn, 223 Ga. 274 (1, 2) (154 SE2d 616).

It appears from the…