Martin, 516 So.2d at 642 (quoting Purcell Co., 431 So.2d at 519).” Goodyear Tire & Rubber Co. v. Washington, 719 So.2d 774, 776 (Ala. 1998); see also Trum v. Melvin Pierce Marine Coating, Inc., 562 So.2d 235, 237 (Ala. 1990) (“[I]n order for a promise to constitute a fraudulent misrepresentation, there must have been at the time the promise was made an intention not to perform, and such a promise must have been made with the intent to deceive.”); Clanton v. Bains Oil Co., 417 SO. 2d 149, 151 (Ala. 1982) (“A promise, to constitute fraud, must be made with the intent not to perform it.”)
As KwangSung points out, the Alabama Supreme Court has determined that a plaintiff's claim of an oral contract for employment for four years is void under the statute of frauds. See Trum v. Melvin Pierce Marine Coating, Inc., 562 So.2d 235, 236 (Ala.1990). An oral modification for a four year period, therefore, would violate the statute of frauds, and is not enforceable.