ILCS » Chapter 740 · Act 80

740 ILCS 80/1

That no action shall be brought, whereby to charge any executor or administrator upon any special promise to answer any debt or damages out of his own estate, or whereby to charge the defendant upon any special promise to answer for the debt, default or miscarriage of another person, or to charge any person upon any agreement made upon consideration of marriage, or upon any agreement that is not to be performed within the space of one year from the making thereof, unless the promise or agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized

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(740 ILCS 80/1) (from Ch. 59, par. 1)
    Sec. 1. That no action shall be brought, whereby to charge any executor or administrator upon any special promise to answer any debt or damages out of his own estate, or whereby to charge the defendant upon any special promise to answer for the debt, default or miscarriage of another person, or to charge any person upon any agreement made upon consideration of marriage, or upon any agreement that is not to be performed within the space of one year from the making thereof, unless the promise or agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
(Source: R.S. 1874, p. 540.)

    
Notes of Decisions
Cited in 86 cases (12 in the last 5 years), 1993–2025 · leading case: Rosewood Care Center, Inc. v. Caterpillar, Inc.
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Rosewood Care Center, Inc. v. Caterpillar, Inc. (2006) illappct · cites it 6× “"No action shall be brought, * * * whereby to charge the defendant upon any special promise to answer for the debt, default or miscarriage of another person * * *, unless the promise or agreement upon which such an action shall be brought, or some memorandum or note thereof,…”
McInerney v. Charter Golf, Inc. (1997) ill · cites it 4× “" 740 ILCS 80/1 (West 1994). Our statute tracks the language of the original English Statute of Frauds and Perjuries.”
K. Miller Const. Co., Inc. v. McGinnis (2009) illappct · cites it 4× “Although Miller's full performance would satisfy the traditional Frauds Act (740 ILCS 80/1 et seq. (West 2006); Meyer v.”
Storm & Associates, Ltd. v. Cuculich (1998) illappct · cites it 3× “As to count II, the Patner Defendants claimed that: (1) the action was barred by the provisions of section 1 of the Frauds Act (740 ILCS 80/1 (West 1996)), and (2) the writing upon which Storm relied was not a guaranty as it contained no promise to pay any debt or obligation…”
Rosewood Care Center, Inc. v. Caterpillar, Inc. (2007) ill · cites it 2× “In response, Caterpillar moved to dismiss the complaint, arguing that the alleged promise to pay for Cook’s care was not enforceable because it was not in writing as required by the Frauds Act (statute of frauds) (740 ILCS 80/1 (West 2004)).”
Rose v. Mavrakis (2003) illappct · cites it 2× “Rather, Mavrakis asserts that the trial court erred in ordering the parties to perform under that oral agreement because: (1) the agreement is lacking in certain material terms and, as such, does not constitute a contract; and (2) even if the oral settlement agreement does…”
Brown, Udell and Pomerantz, Ltd. v. Ryan (2006) illappct · cites it 3× “JUSTICE GALLAGHER delivered the opinion of the court: This is an appeal from a grant of summary judgment that was based upon the Frauds Act (740 ILCS 80/1 (West 2004)) (statute of frauds).”
Barnes v. Michalski (2010) illappct · cites it 2× “See 740 ILCS 80/1 (West 2002). Defendant cited plaintiffs own testimony that he did not plan to be paid back within a year.”
Miller v. Lockport Realty Group, Inc. (2007) illappct · cites it 2× “The motion to dismiss was premised in large part on the Frauds Act (740 ILCS 80/1 (West 2006)). The trial court found that the oral agreement to purchase the property between plaintiff and Kariodimedjo was unenforceable and dismissed counts I and II of the amended complaint with…”
Church Yard Commons Limited Partnership v. Podmajersky, Inc. (2017) illappct · cites it 3× “1-16-1152 ¶4 Lisa filed a motion to dismiss the counterclaim, which the trial court granted in part based on its finding that the 2003 agreement was unenforceable under section 1 of the Frauds Act as an oral contract “that is not to be performed within the space of one year from…”
System Development Integration, LLC v. Computer Sciences Corp. (2010) ilnd · cites it 2× “” 740 ILCS 80/1 (West 2004). “Put another way, the statute of frauds prohibits oral contracts that cannot be performed within one year of their making.”
In re Marriage of Hundley (2019) illappct “The Statute of Frauds ¶ 86 Buckhart next claims the statute of frauds prevents enforcement of the withholding notice against it because Sally and John never modified the marital settlement agreement to provide for immediate support.”
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