That court decided uniformly that possession and payment were necessary to withdraw the oral agreement from the operation of the Staff Regulations. Neely v. Denton, 260 Ala. 26, 29, 68 after 2d 537; Allen v. Bromberg, 163 Ala. 620, 624, 50 d., 884; Heflin v. Milton, 69 Ala. 354, 357. A breach of the oral contract may occur if there is an agreement between two parties, but one party does not comply with the agreed terms.3 min read The first question therefore arises whether the alleged verbal rental agreement is valid and effective, since it is subject to the exception of the status of fraud, § 3, Sousd. (5), tit. 20, code 1940, as amended. Division 3 was amended in 1951 by the addition of subdivision (6), but the amendment does not affect this case.
Act No. 645, approved September 4, 1951, 1951 Act, p. 1109. If it is established that the verbal agreement is not valid because it is enshrined in the statute of fraud, another question would arise as to whether the principle of the effect of the law is applicable to deny the defendants the right to form the law of fraud as a defence. Thomas contacted several times for a lease, but they could not agree on the lease. Eventually, they agreed to meet in a café in Decatur to continue discussing the conditions. The evidence is in conflict. The only witnesses present at the meeting were Thomas and. Thomas testified that a final oral lease for the coming year was entered into at a monthly rent of $US 200 in advance, with an option to extend for an additional year, and that he told him to continue his plans to use the building. denied that an agreement had been reached and said negotiations were still ongoing. The court resolved this conflict in the evidence in favour of the plaintiff and effectively found that the oral lease had been concluded, as the plaintiff argued. The complainant complained about the actual performance of the alleged oral lease agreement and asked the court to dissuade Gregg and intervene in his possession.
The Tribunal *694 awarded a specific benefit and the defendants are pursuing this appeal. An oral contract is an oral agreement between the parties, which is sometimes legally binding. The absence of hard evidence is a problem that arises when proving an oral contract. [iv] Ala. Code 8-9-2 (5). Under the law, any contract for the sale of land, rental houses or inheritance taxes or any interest in it, with the exception of leases with a duration not exceeding one year, unless the purchase money or part thereof is paid in writing and the buyer is put in possession of the land by the seller. The agreement or a note or memorandum thereof expressing the consideration shall be in writing and signed in writing by the party to be entrusted with it or by any other person authorized to do so. An oral agreement is a contract, even if it is not in writing. If the contract is valid, it is a binding agreement between two parties. While some oral contracts are considered enforceable, they are problematic and complicated.