What is the test for determining whether there was a parol agreement?
Alberta, Canada
The following excerpt is from Canadiana Gifts Limited v. Friedman, 1981 CanLII 1068 (AB QB):
To put this another way: “The court is bound to consider, first, whether there was a parol agreement; and secondly, if so, whether there has been part performance of it; and then, if there has been part performance, it is the duty of the court to act upon the established principle and to decree performance of the contract. Nunn v. Fabian (1865), 1 Ch. App. 35 at 39.”
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