1. On September 1, Travis and Kylie enter into an oral agreement under which Travis agrees to sell his house, in the Bronx, to Kylie for $450,000. They agree to a September 15 closing date. On September 2, Kylie makes a down payment of $45,000, which Travis accepts. On September 12, Travis informs Kylie that he has changed his mind and is no longer interested in selling his house. Travis offers to return the $45,000 down payment.

Kylie sues Travis for breach of contract. Travis pleads the Statute of Frauds as a defense, stating that the agreement had to be in writing to be enforceable.

What judgment? Explain fully.