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20 Law. & Banker & Cent. L.J. 393 (1927)
Statute of Frauds

handle is hein.journals/lbancelj20 and id is 397 raw text is: Statute of Frauds Modification of Written Agreement May Be by Parol By Julius Limbach of the Chicago, Illinois, Bar. A written agreement may always be modified by subsequent parol agreement of the parties (Solomon v. Valette, 152 N. Y., 147, 151). In the case cited Judge Haight, writing for the unanimous Court of Ap- peals, said (p. 151): It is true that this direction was oral, but it was subse- quent to the written contract, and it was competent for the parties to modify a written agreement by an oral arrange- ment. In Coff-Garrod Co. v. Dodwell & Co., Lim. (170 N. Y. Supp. 615), it was said: The rule is settled that a written agreement, not under seal, may be modified by oral agreement. It is sometimes stated that a written agreement required to be in writing under the Statute of Frauds may only be modified by an agree- ment in writing. In other words, that the change effected by the sub- sequent agreement of the parties must partake of the same formalities as their original agreement. This, however, is not a universal doctrine, though such parol modification may in some cases not be enforcible under the statute (Imperator Realty Co. v, Tull 228 N. Y., 447; Coff-Garrod Co. v. Norma Chocolate Co., 185 N. Y. Supp., 553, per Lehman, J.) In the Imperator Realty Co. case (supra) Judge Chase, writing for the Court of Appeals, said at p. 451 : Where a contract is reduced to writing and appears to include the entire agreement of the parties and to be free from fraud, the rule is quite universal that oral evidence will not be received of conversations or transactions leading up to the making of a contract or in connection with the execu- tion thereof for the purpose of varying, modifying, reducing or extending the terms thereof (Lese v. Lamprecht, 196 N. Y., 32; Eighmie v. Taylor, 98 N. Y., 288). After the execution of a written contract, including one within the statute, the parties may, of course, reconsider the subject matter thereof and decide to modify or rescind it. The oral agreement found in this case was made after the execution of the written contract. (Italics ours.)

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