On two occasions in 1980, Hodge met with Tilley,

president and chief operating officer of Evans Financial

Corporation, to discuss Hodge's possible employment

by Evans. Hodge was 54 years old at that time

and was assistant counsel and assistant secretary of

Mellon National Corporation and Mellon Bank of

Pittsburgh. During these discussions, Tilley asked

Hodge what his conditions were for accepting employment

with Evans, and Hodge replied, "Number 1,

the job must be permanent. Because of my age, I have

a great fear about going back into the marketplace

again. I want to be here until I retire." Tilley allegedly responded, "I accept that condition." Regarding his

retirement plans, Hodge later testified, "I really questioned

whether I was going to go much beyond 65."

Hodge later accepted Evans's offer of employment as

vice president and general counsel. He moved from

Pittsburgh to Washington, D.C., in September 1980

and worked for Evans from that time until he was fired

by Tilley on May 7, 1981. Hodge brought a breach of

contract lawsuit against Evans. Evans argued that the

oral contract was unenforceable because of the statute

of frauds. Was Evans correct?