The question here is whether the two parties attempted to modify the existing lease or whether the subsequent oral agreement was an abrogation of a written contract within the statute of frauds. While an oral modification of a contract coming within the statute of frauds is ordinarily regarded as invalidated by the statute, Van Iderstine Co. v. Barnet Leather Co., 242 N.Y. 425, 152 N.E. 250 (N.Y.1926), 46 A.L.R. 858 (1926); Curie’s Heirs v. Eddy, 24 Mo. 117, 66 Am.Dec. 699 (1856), the trend of modern authority seems toward the view that an oral recission of an executory contract is valid notwithstanding the contract rescinded was one required by the statute of frauds to be in writing. Moreover, it is generally held that an oral agreement for the surrender of a written lease required by the statute of frauds to be in writing is within the statute, unless the unexpired term of the lease is less than that required by the statute to be in writing. 4 A.L.R. 671, 672 (1913).