The following excerpt is from Garter-Bare Co. v. Munsingwear, Inc., 650 F.2d 975 (9th Cir. 1980):
Appellee asserts that the fifth and sixth claims are barred by the statute of frauds. But under California law the application of the statute of frauds raises fact issues that must be determined by the jury unless only one inference can be drawn from the evidence. Caplan v. Roberts, 506 F.2d 1039, 1042 (9th Cir. 1974). We cannot say that there was only one inference in this case.
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