285 Ill. App. Because plaintiff argued the merits of defendant's motion in the trial court and now does so on appeal, we find no prejudice. 293 Ill. App. A dismissal may be affirmed only if there exists no set of facts that could entitle the plaintiff to recover when all well-pleaded allegations in the complaint are taken as true. In count I of its amended complaint, plaintiff seeks to enforce an agreement that allegedly modified the terms of a written contract for the sale of real property.
Defendant argues that plaintiff's claim is unenforceable under the Frauds Act.
By its explicit terms, section 2 governs the parties' original contract for the sale of land. Also, because the Frauds Act applies to any modification of a contract that falls within its coverage, section 2 applies to the modification alleged here. 249 Ill. App. It is indisputable that an agreement to modify the original contract was not set out in any writing signed by defendant or any representative of the trust. The letters that plaintiff submitted are evidently the only writings that document the modification, and they were signed by plaintiff's representative alone.