Partial performance may, however, take a contract out of the statute of frauds. Strong v. Hall, 253 Or. 61, 70 (1969); Royer v. Gailey, 252 Or. 369, 373 (1969). Plaintiff's allegation that BAC accepted partial payments as described under the loan modification agreement for five months is sufficient pleading at this stage to survive Defendants' argument that the agreement failed to satisfy the statute of frauds.