What is the Issue and Rule for the following scenario:

On two occasions in 1980, Hodge met with Tilley,

president and chief operating offi cer 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 testifi ed,

"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 fi red by Tilley on May 7, 1981.

Hodge brought a breach of contract suit against

Evans. Evans argued that the oral contract was unenforceable

because of the statute of frauds. Is this

correct?