(2d Cir.1981). 11 . E.g., In Re Morris, 914 F.2d at 466. 12 . Mellon Bank, N.A. v. Metro Communications, Inc., 945 F.2d 635, 647-48 (3rd Cir.1991), cert. denied, - U.S. -, 112 S.Ct. 1476, 117 L.Ed.2d 620 (1992). 13 . Id. 14 . Rubin, 661 F.2d at 992-94. 15 . Fairchild made three payments after May 31 totaling $114,597.85. The dates and amounts of those payments are as follows: Date Paid Amount 6/05/89 $10,080.37 6/09/89 - 14,517.48 8/01/89 90,000.00 16 . See, TexBus. & Com.Code Ann. § 26.01(a), (b)(2) (Vernon 1987). 17 . E.g., Haas Drilling Co. v. First National Bank, 456 S.W.2d 886, 890 (Tex.1970); Smith d 510, 515 (9th Cir.1992) (stating that such an approach accords the trial court the opportunity to correct any errors). 24 . E.g. Pou v. Dominion Oil Co., 265 S.W. 886, 888 (Tex.1924) (<HOLDING>); Howell v. Bowden, 368 S.W.2d 842, 846
holding that if part performance is relied upon to remove the oral agreement from the operation of the statute of frauds clear and convincing proof of performance in pursuance of the alleged agreement must be adduced by the party seeking to enforce it holding that the statute of frauds bars a breach of contract claim based on an oral agreement to enter a future employment contract that would need to meet the statute of frauds holding sufficient part performance of an oral trust agreement is required to remove it from the statute of frauds holding a court must find among other things clear evidence of the existence of an oral agreement for part performance to remove the contract from the statute of frauds holding that full performance takes a contract outof the statute of frauds