Harry has two houses, a house on the lake and a house in town. Rebecca wants to buy the house on the lake. Harry and Rebecca orally agree that Rebecca will buy the house on the lake for $300,000. Harry hurriedly writes out a contract providing that he would sell "his house" to Rebecca for $300,000 and Harry signs the top of the document. Rebecca signs. No merger clause is included in the contract. Harry backs out of the contract, and Rebecca sues him. He tells the judge that the statute of frauds is left unsatisfied because he did not sign the document at the end and also because Rebecca did not sign at all. Then, Harry also says that even if the agreement exists (I'm not saying it does or doesn't) Rebecca told him he could take off $25,000 as a housewarming gift.

1/ Is there an enforceable agreement? Which elements of an enforceable agreement exist?

2/ Why or why not is there an enforceable agreement? Can Rebecca sue him?

3/ Can Harry testify about the $20,000 gift? Why or why not?