Julie Gerstenecker v. Janice Gerstenecker

Summary

The court affirmed liability on the oral loan agreement because Julie’s conduct, including providing loan information and making repayment checks, objectively manifested mutual assent. It held that Julie waived the Statute of Frauds defense by failing to plead it and did not show that the defense was tried by implied consent. The court reversed the damages award because the agreement contained no acceleration clause and remanded for calculation of accrued payments only.