Writing required; consideration need not be expressed

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§51. Writing required; consideration need not be expressed

No action shall be maintained in any of the following cases:  

1.  Executor or administrator.  To charge an executor or administrator upon any special promise to answer damages out of his own estate;  

2.  Debt of another.  To charge any person upon any special promise to answer for the debt, default or misdoings of another;  

3.  Agreement of marriage.  To charge any person upon an agreement made in consideration of marriage;  

4.  Contract for sale of land.  Upon any contract for the sale of lands, tenements or hereditaments, or of any interest in or concerning them;  

5.  Agreement not to be performed within one year.  Upon any agreement that is not to be performed within one year from the making thereof;  

6.  Contract to pay debt discharged in bankruptcy.  Upon any contract to pay a debt after a discharge therefrom under the bankrupt laws of the United States, or assignment or insolvent laws of this State;  

7.  Agreement to give property by will.  Upon any agreement to give, bequeath or devise by will to another, any property, real, personal or mixed;  

8.  Agreement to refrain from carrying on any business.  Upon any agreement to refrain from carrying on or engaging in any trade, business, occupation or profession for any term of years or within any defined territory or both; the provisions of this subsection shall not apply to any such agreement made prior to August 13, 1947;  

unless the promise, contract or agreement on which such action is brought, or some memorandum or note thereof, is in writing and signed by the party to be charged therewith, or by some person thereunto lawfully authorized; but the consideration thereof need not be expressed therein, and may be proved otherwise.  


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