Idaho Code

Idaho Code § 9-505 (2026)

Certain agreements to be in writing.

✓ current as of May 2026

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Certain agreements to be in writing.

In the following cases the agreement is invalid, unless the same or some note or memorandum thereof, be in writing and subscribed by the party charged, or by his agent. Evidence, therefore, of the agreement cannot be received without the writing or secondary evidence of its contents:

1. An agreement that by its terms is not to be performed within a year from the making thereof.

2. A special promise to answer for the debt, default or miscarriage of another, except in the cases provided for in section 9-506, Idaho Code.

3. An agreement made upon consideration of marriage, other than a mutual promise to marry.

4. An agreement for the leasing, for a longer period than one (1) year, or for the sale, of real property, or of an interest therein, and such agreement, if made by an agent of the party sought to be charged, is invalid, unless the authority of the agent be in writing, subscribed by the party sought to be charged.

5. A promise or commitment to lend money or to grant or extend credit in an original principal amount of fifty thousand dollars ($50,000) or more, made by a person or entity engaged in the business of lending money or extending credit.

Notes of Decisions

Cited in 112 cases (14 in the last 5 years), 1952–2026 · leading case: Mickelsen Constr., Inc. v. Horrocks, 299 P.3d 203 (Idaho 2013).

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Mickelsen Constr., Inc. v. Horrocks, 299 P.3d 203 (Idaho 2013). · cites it 94× “” I.C. § 9-505. “Failure to comply with the statute of frauds renders an oral agreement unenforceable both in an action at law for damages and in a suit in equity for specific performance.”

Lettunich v. Key Bank Nat'l Ass'n, 109 P.3d 1104 (Idaho 2005). · cites it 16× “I.C. § 9-505(5). Each of the three loans negotiated by Lettunich exceeded $50,000 and, thus, the statute of frauds provision applies.”

Schiewe v. Farwell, 867 P.2d 920 (Idaho 1993). · cites it 24× “Idaho Code § 9-505 governs these transactions.”

Burton v. Atomic Workers Fed. Credit Union, 803 P.2d 518 (Idaho 1990). · cites it 36× “Idaho Code § 9-505 states: 9-505. Certain agreements to be in writing.”

MacKay v. Four Rivers Packing Co., 179 P.3d 1064 (Idaho 2008). · cites it 10× “Further, it asserted an affirmative defense that a contract such as that claimed by Mackay is null, void, and unenforceable as violating Idaho Code § 9-505 because the agreement could not be performed within one year of its making.”

Alsco v. Fatty's Bar, 461 P.3d 798 (Idaho 2020). · cites it 8× “I.C. § 9-505. That simply did not happen here.”

Bailey v. Peritos I Assets Mgmt., LLC, 398 P.3d 191 (Idaho 2017). · cites it 16× “The statute of frauds is an affirmative defense that carves out an exception to the general rule that oral contracts are enforceable, enumerating five primary categories of contracts that are deemed unenforceable if not reduced to a sufficient writing.”

The David & Marvel Benton Trust v. McCarty, 384 P.3d 392 (Idaho 2016). · cites it 8× “An agreement for the leasing, for a longer period than one (1) year, or for the sale, of real property, or of an interest therein, and such agreement, if made by an agent of the party sought to be charged, is invalid, unless the authority of the agent be in writing, subscribed…”

William R. Fischer v. James F. Croston, 413 P.3d 731 (Idaho 2018). · cites it 6× “Evidence, therefore, of the agreement cannot be received without the writing or secondary evidence of its contents: .”

Bank of Com. v. Jefferson Enter., LLC, 303 P.3d 183 (Idaho 2013). · cites it 12× “Idaho’s Statute of Frauds is set forth at I.C. § 9-505. It provides in relevant part that: In the following cases the agreement is invalid, unless the same or some note or memorandum thereof, be in writing and subscribed by the party charged, or by his agent.”

Lexington Heights Dev., LLC v. Crandlemire, 92 P.3d 526 (Idaho 2004). · cites it 4× “Did the District Court Err in Holding that the Real Estate Contract in This Case Was Invalid Because of an Insufficient Legal Description? Idaho Code § 9-505 provides: In the following cases the agreement is invalid, unless the same or some note or memorandum thereof, be in…”

Beaupre v. Kingen, 710 P.2d 520 (Idaho 1985). · cites it 16× “" I.C. § 9-505. *525 The oral agreement in the present case was an original undertaking and not the undertaking of a surety to answer to a creditor of a principal debtor.”

Show all 112 citing cases →

— Idaho Code § 9-505(1) — 9 cases

Alsco v. Fatty's Bar, 461 P.3d 798 (Idaho 2020). “I.C. § 9-505. That simply did not happen here.”

Burton v. Atomic Workers Fed. Credit Union, 803 P.2d 518 (Idaho 1990). “Idaho Code § 9-505 states: 9-505. Certain agreements to be in writing.”

Bluestone v. Mathewson, 649 P.2d 1209 (Idaho 1982).

Jolley v. Clay, 646 P.2d 413 (Idaho 1982).

Gen. Auto Parts Co. v. Genuine Parts Co., 979 P.2d 1207 (Idaho 1999).

— Idaho Code § 9-505(2) — 17 cases

Mickelsen Constr., Inc. v. Horrocks, 299 P.3d 203 (Idaho 2013). “” I.C. § 9-505. “Failure to comply with the statute of frauds renders an oral agreement unenforceable both in an action at law for damages and in a suit in equity for specific performance.”

Bailey v. Peritos I Assets Mgmt., LLC, 398 P.3d 191 (Idaho 2017). “The statute of frauds is an affirmative defense that carves out an exception to the general rule that oral contracts are enforceable, enumerating five primary categories of contracts that are deemed unenforceable if not reduced to a sufficient writing.”

Beaupre v. Kingen, 710 P.2d 520 (Idaho 1985). “" I.C. § 9-505. *525 The oral agreement in the present case was an original undertaking and not the undertaking of a surety to answer to a creditor of a principal debtor.”

Nelson v. Armstrong, 582 P.2d 1100 (Idaho 1978).

City of Grangeville v. Haskin, 777 P.2d 1208 (Idaho 1989).

— Idaho Code § 9-505(3) — 1 case

Crow v. Crow (Idaho Ct. App. 2025).

— Idaho Code § 9-505(4) — 16 cases

William R. Fischer v. James F. Croston, 413 P.3d 731 (Idaho 2018). “Evidence, therefore, of the agreement cannot be received without the writing or secondary evidence of its contents: .”

The David & Marvel Benton Trust v. McCarty, 384 P.3d 392 (Idaho 2016). “An agreement for the leasing, for a longer period than one (1) year, or for the sale, of real property, or of an interest therein, and such agreement, if made by an agent of the party sought to be charged, is invalid, unless the authority of the agent be in writing, subscribed…”

P.O. Ventures, Inc. v. Loucks Fam. Irrevocable Trust, 159 P.3d 870 (Idaho 2007).

C. Forsman Real Est. Co. v. Hatch, 547 P.2d 1116 (Idaho 1976).

Cuevas v. Barraza, 198 P.3d 740 (Idaho Ct. App. 2008).

— Idaho Code § 9-505(5) — 15 cases

Lettunich v. Key Bank Nat'l Ass'n, 109 P.3d 1104 (Idaho 2005). “I.C. § 9-505(5). Each of the three loans negotiated by Lettunich exceeded $50,000 and, thus, the statute of frauds provision applies.”

Bank of Com. v. Jefferson Enter., LLC, 303 P.3d 183 (Idaho 2013). “Idaho’s Statute of Frauds is set forth at I.C. § 9-505. It provides in relevant part that: In the following cases the agreement is invalid, unless the same or some note or memorandum thereof, be in writing and subscribed by the party charged, or by his agent.”

Hoffman v. SV Co., Inc., 628 P.2d 218 (Idaho 1981).

Scott v. Castle, 662 P.2d 1163 (Idaho Ct. App. 1983).

Schiewe v. Farwell, 867 P.2d 920 (Idaho 1993). “Idaho Code § 9-505 governs these transactions.”

— Idaho Code § 9-505(l) — 1 case

Bluestone v. Mathewson, 649 P.2d 1209 (Idaho 1982).

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