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An admission during trial that a contract was in fact made does not preclude assertion of the statute of frauds. Doyle v. Wohlrabe, supra; Holste v. Baker, 223 Minn. 321, 26 N.W. (2d) 473; Taylor v. Allen, 40 Minn. 433, 42 N.W. 292. The rule is based on the belief that it is more important that a seller not be tempted to perjure himself by falsely denying a contract than it is to give effect to his judicial declarations. This rule, first announced by the English courts a century after passage of the first statute of frauds, has been disapproved by scholars and rejected by some American courts. Trossbach v. Trossbach, 185 Md. 47, 42 A. (2d) 905; Degheri v. Carobine, 100 N.J. Eq. 493, 135 A. 518; Zlotziver v. Zlotziver, 355 Pa. 299, 49 A. (2d) 779; Stevens, Ethics and the Statute of Frauds, 37 Cornell LQ. 355; 2 Corbin, Contracts, § 498; 4 Williston, Contracts (3 ed.) § 567A. 


An admission that a contract was made certainly cannot be ignored when all other evidence submitted supports the same conclusion. See Jones v. Jones, 333 Mo. 478, 63 S.W. (2d) 146, in which ...

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