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 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?