What is the test for making a written agreement unenforceable?

California, United States of America


The following excerpt is from Goble v. Dotson, 203 Cal.App.2d 272, 21 Cal.Rptr. 769 (Cal. App. 1962):

'The failure to give a written agreement as promised in a transaction governed by the statute of frauds thereby rendering the contract unenforceable will entitle the party who has paid money in reliance upon such agreement to its recovery back. [Citations.]' (Doke v. Brockhurst (1957) 150 Cal.App.2d 514, 516, 310 P.2d 43, 45.)

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