44-101. Statute of frauds
No action shall be brought in any court in the following cases unless the promise or
agreement upon which the action is brought, or some memorandum thereof, is in writing and
signed by the party to be charged, or by some person by him thereunto lawfully
authorized:
1. To charge an executor or administrator upon any promise to answer for any debt
or damages due from his testator or intestate out of his own estate.
2. To charge a person upon a promise to answer for the debt, default or miscarriage
of another.
3. To charge a person upon any agreement made upon consideration of marriage,
except a mutual promise to marry.
4. Upon a contract to sell or a sale of goods or choses in action of the value of
five hundred dollars or more, unless the buyer accepts part of the goods or choses in
action, and actually receives them or gives something in earnest to bind the contract, or
in part payment, but when a sale is made at auction, an entry by the auctioneer in his
sale book, made at the time of the sale, of the kind of property sold, the terms of the
sale, the price, and the name of the purchaser and person on whose account the sale is
made is a sufficient memorandum.
5. Upon an agreement which is not to be performed within one year from the making
thereof.
6. Upon an agreement for leasing for a longer period than one year, or for the sale
of real property or an interest therein. Such agreement, if made by an agent of the
party sought to be charged, is invalid unless the authority of the agent is in writing,
subscribed by the party sought to be charged.
7. Upon an agreement authorizing or employing an agent or broker to purchase or
sell real property, or mines, for compensation or a commission.
8. Upon an agreement which by its terms is not to be performed during the lifetime
of the promisor, or an agreement to devise or bequeath any property, or to make provision
for any person by will.
9. Upon a contract, promise, undertaking or commitment to loan money or to grant or
extend credit, or a contract, promise, undertaking or commitment to extend, renew or
modify a loan or other extension of credit involving both an amount greater than two
hundred fifty thousand dollars and not made or extended primarily for personal, family or
household purposes.
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