Did the parties to the agreement prepare s Sufficient Memorandum of their oral agreement?
A memorandum is sufficient if it identifies the parties, price to be paid, quantity to be purchased, date of performance, type of item being sold (subject matter) and is signed by the party to be charged (the party asserting the statute as a defense). The memorandum can be prepared at anytime. It need not be prepared when the agreement is made. Moreover, it can consist of several pages! If you determine from the facts of the particular case that a sufficient memorandum does exist then the statute is satisfied and the plaintiff can proceed with the lawsuit. However, if the memo is not sufficient or does not exist, then the plaintiff will have to attempt to avoid the statute (get around it) by proving either part performance, a judicial admission was made, or that the defendant is estopped from raising the statute. 3. If the executory K falls within the statute and violates it, has there been conduct by either party or both which is sufficient evidence of Teheran agreement? If so, the or
