28-2-902. Enforcement of contract not in writing through fraud. Where a contract that is required by law to be in writing is prevented from being put into writing by the fraud of a party to the contract, any other party who is by the fraud led to believe that the contract is in writing and acts upon that belief to the party's prejudice may enforce it against the fraudulent party.

     History: En. Sec. 2184, Civ. C. 1895; re-en. Sec. 5016, Rev. C. 1907; re-en. Sec. 7518, R.C.M. 1921; Cal. Civ. C. Sec. 1623; Field Civ. C. Sec. 793; re-en. Sec. 7518, R.C.M. 1935; R.C.M. 1947, 13-605; amd. Sec. 785, Ch. 56, L. 2009.