39. A QUESTION ARISES AS TO WHETHER A PARTICULAR ORAL CONTRACT FALLS WITHIN THAT PROVISION OF THE STATUTE OF FRAUDS REQUIRING CONTRACTS TO BE IN WRITING THAT ARE NOT TO BE PERFORMED WITHIN ONE YEAR FROM THE MAKING THEREOF.

(A) UNDER THE TERMS OF THE CONTRACT, WAS IT POSSIBLE, UNDER ANY CIRCUMSTANCES, FOR THE CONTRACT TO HAVE BEEN FULLY PERFORMED WITHIN ONE YEAR?

(B) DID THE PARTIES, AT THE TIME OF MAKING THE CONTRACT, APPARENTLY AND REASONABLY INTEND THAT FULL PERFORMANCE WOULD HAVE OCCURRED WITHIN ONE YEAR?

(C) UNDER THE TERMS OF THE CONTRACT, WAS IT POSSIBLE, UNDER ANY CIRCUMSTANCES, THAT PERFORMANCE MIGHT HAVE BECOME ILLEGAL?