(a) No action shall be brought to charge any person upon any agreement made upon consideration of marriage, or upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them, or upon any agreement that is not to be performed within the space of 1 year from the making thereof, or to charge any person to answer for the debt, default, or miscarriage, of another, in any sum of the value of $25 and upwards, unless the contract is reduced to writing, or some memorandum, or notes thereof, are signed by the party to be charged therewith, or some other person thereunto by the party lawfully authorized in writing; except for goods, wares and merchandise, sold and delivered, money loaned and other matters which are properly chargeable in an account, in which case the oath or affirmation of the plaintiff, together with a record regularly and fairly kept, shall be allowed to be given in evidence in order to charge the defendant with the sums therein contained.
(b) A contract, promise, undertaking or commitment to loan money or to grant or extend credit, or any modification thereof, in an amount greater than $100,000, not primarily for personal, family, or household purposes, made by a person engaged in the business of lending or arranging for the lending of money or the extending of credit shall be invalid unless it or some note or memorandum thereof is in writing and subscribed by the party to be charged or by the party’s agent. For purposes of this section, a contract, promise, undertaking or commitment to loan money secured solely by residential property consisting of 1 to 4 dwelling units shall be deemed to be for personal, family or household purposes.
(c) For the purposes of this section, “writing” includes microphotography, photography and photostating, and a microphotographic, photographic or photostatic copy of any agreement covered by this section. Such copy or copies having been regularly made and kept in the course of business, shall be equally competent as evidence as the original of such agreement, where the original is inaccessible or has been destroyed or otherwise disposed of in good faith in the regular course of business and where the mode of making such microphotograph, photograph or photostat was such as to justify its admission as a true copy of the original.
Code 1852,
§
1167;
13 Del. Laws, c. 451;
Code 1915,
§
2626;
38 Del. Laws, c. 157;
Code 1935,
§
3106;
48 Del. Laws, c. 224,
§
1;
6 Del. C. 1953,
§
2714;
67 Del. Laws, c. 189,
§§
1-3;
70 Del. Laws, c. 186,
§
1;
Notes of Decisions
Samra v. Shaheen Bus. & Inv. Grp., Inc., 355 F. Supp. 2d 483 (D.D.C. 2005).
“060(g) explicitly excepts oral settlement agreements from the general rule that agreements between parties to litigation must be in writing or made in open court on the record.”
Nepa v. Marta, 348 A.2d 182 (Del. 1975).
· cites it 2× “§ 8106) and Statute of Frauds (6 Del.C. § 2714(a)). I. In 1969, defendant was seeking a major store occupant for a shopping center he was developing.”
Underhill Inv. Corp. v. Fixed Income Disc. Advisory Co., 319 F. App'x 137 (3rd Cir. 2009).
“New York’s Statute of Frauds provides, in pertinent part, that no agreement for compensation for services rendered in “procuring an introduction to a party to [a] transaction” is enforceable unless it or some note or memorandum is in writing.”
Aubrey Rogers Agency, Inc. v. AIG Life Ins., 55 F. Supp. 2d 309 (D. Del. 1999).
· cites it 2× “Does The Agreement Violate The Delaware Statute of Frauds The Delaware Statute of Frauds, 6 Del.C. § 2714(a), provides in pertinent part: No action shall be brought to charge any person .”
Hull v. Brandywine Fibre Prods. Co., 121 F. Supp. 108 (D. Del. 1954).
“The applicable provision of the Delaware Statute of Frauds is found in 6 Del. C. § 2714 as set out in the footnote.”
John Julian Constr. Co. v. Monarch Builders, Inc., 306 A.2d 29 (Del. Super. Ct. 1973).
“The Court notes, however, that the rules of procedure afford considerable measure of protection against multiple liability by permitting the promisor to join the beneficiary in an action brought by the promisee.”
Hessler, Inc. v. Farrell, 226 A.2d 708 (Del. 1967).
“The final argument made by Hessler is that the contract in suit is invalid by reason of 6 Del.C. § 2714, the Delaware Statute of Frauds.”
Abramson v. Delrose, Inc., 132 F. Supp. 440 (D. Del. 1955).
“It is conceded that the contract was not to be performed within one year from the making thereof and the answer sets out the invalidity of the action under the Delaware Statute of Frauds, 6 Del.C. § 2714(a), as set out in the footnote.”
Mackie Banks v. Theodore Banks & S. Comfort, LLC (Del. Ch. 2022).
· cites it 3× “67 “Delaware’s Statute of Frauds, 6 Del. C. § 2714, provides that contracts for the sale of real estate, in order to be enforceable, must be reduced to writing.”
CertiSign Holding, Inc. v. Kulikovsky (Del. Ch. 2018).
· cites it 2× “255 6 Del. C. § 2714(a) (“No action shall be brought to charge any person upon any agreement made upon consideration of marriage, or upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them, or upon any agreement that is not to be…”
White Winston Select Asset Funds, LLC v. Good Times Restaurants, Inc. (D. Del. 2020).
· cites it 2× “” 6 Del. C. § 2714(a) (2017). 9 Plaintiffs alternatively argue, without citing any paragraphs of their complaint, that the SPA satisfies the statute of frauds because, under Article 9 of the SPA, the parties could fail to close within a year without breaching the SPA, which…”
GPH Louisville Hillcreek, LLC v. Redwood Holdings, LLC (W.D. Ky. 2023).
· cites it 2× “1. Security Deposit and Waiver of Late Fees Defendants’ counterclaim for breach of contract alleges that Plaintiffs breached the Master Lease by “failing and refusing to apply the Security Deposit to rent owed, failing and refusing to waive all late fees related to past-due…”
— 6 Del. C. § 2714(a) — 24 cases
Samra v. Shaheen Bus. & Inv. Grp., Inc., 355 F. Supp. 2d 483 (D.D.C. 2005).
“060(g) explicitly excepts oral settlement agreements from the general rule that agreements between parties to litigation must be in writing or made in open court on the record.”
Nepa v. Marta, 348 A.2d 182 (Del. 1975).
“§ 8106) and Statute of Frauds (6 Del.C. § 2714(a)). I. In 1969, defendant was seeking a major store occupant for a shopping center he was developing.”
Aubrey Rogers Agency, Inc. v. AIG Life Ins., 55 F. Supp. 2d 309 (D. Del. 1999).
“Does The Agreement Violate The Delaware Statute of Frauds The Delaware Statute of Frauds, 6 Del.C. § 2714(a), provides in pertinent part: No action shall be brought to charge any person .”
Abramson v. Delrose, Inc., 132 F. Supp. 440 (D. Del. 1955).
“It is conceded that the contract was not to be performed within one year from the making thereof and the answer sets out the invalidity of the action under the Delaware Statute of Frauds, 6 Del.C. § 2714(a), as set out in the footnote.”
CertiSign Holding, Inc. v. Kulikovsky (Del. Ch. 2018).
“255 6 Del. C. § 2714(a) (“No action shall be brought to charge any person upon any agreement made upon consideration of marriage, or upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them, or upon any agreement that is not to be…”
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