Peterson

MEMORANDUM **

Appellant Stanley S. Heller appeals the district court’s summary judgment in favor of Appellee Jon C. Peterson in Peterson’s action to recover damages for the breach of a written sublease agreement. Most of the damages represented arrearages in rent owed by Heller. We affirm the district court’s judgment.

Heller’s answer alleged that the sublease agreement had been modified by an oral agreement by which Heller would be forgiven his arrearages in return for his assistance in finding a new tenant. Because the sublease was for a period in excess of one year, the Washington statute of frauds required that it be in writing. See Wash. Rev.Code § 19.36.010. The district court accordingly ordered supplemental briefing on the effect of the statute of frauds on the alleged oral modification of the sublease. In that briefing, Heller argued that the oral agreement was not a modification of the sublease, but was instead an entirely new contract. The district court held that the new agreement would not constitute a defense to breach of the written sublease, and awarded judgment accordingly to Peterson. The district court observed that the alleged new agreement could have served…