33. Contracts partly within the provision requiring writing.

Where an agreement is in part for a transaction in land and in part for some other purpose, the question arises whether there is one entire agreement or whether the agreement is divisible. In the former case, the whole contract will fail unless it is in writing1, whereas in the latter case only that part of the agreement relating to land will fail. The question whether a transaction amounts to one entire contract or is severable into parts depends upon the circumstances of each case2.

The following contracts have been held to be entire: a promise to pay rent due