33-106.
Specific cases where writing required.
No action shall be brought whereby to charge a party upon any special promise to answer for the debt, default or miscarriage of another person; or to charge any executor or administrator upon any special promise to answer damages out of his own estate; or to charge any person upon any agreement made upon consideration of marriage; or upon any contract for the 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 one year from the making thereof, unless the 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 or her lawfully authorized in writing.
History:
G.S. 1868, ch. 43, § 6; L. 1905, ch. 266, § 1; March 21; R.S. 1923, 33-106.
Notes of Decisions
Ed Dewitte Ins. Agency, Inc. v. Fin. Assocs. Midwest, Inc., 427 P.3d 25 (Kan. 2018).
· cites it 6× “ANALYSIS The area managers argue the Court of Appeals erroneously construed the full-performance exception by holding that it requires something more than full performance by one party. On the other hand, Blue Cross and Financial Associates argue that we should discard the…”
Zukel v. Great West Managers, LLC, 78 P.3d 480 (Kan. Ct. App. 2003).
· cites it 8× “After default judgment was taken against GWM, the district court conducted a bench trial and held that Avery was not liable because he executed the purchase contract solely in his representative capacity for GWM and that the statute of frauds, K.S.A. 33-106, barred enforcement.…”
Botkin v. Sec. State Bank, 130 P.3d 92 (Kan. 2006).
· cites it 5× “After Security State Bank’s borrower, Botkin, LLC, defaulted on its loan obligations, David Botkin and 33 others filed a declaratory judgment action to determine whether their signed guaranty agreements were enforceable under the statute of frauds, K.S.A. 33-106. The Bank filed…”
Augusta Bank & Trust v. Broomfield, 643 P.2d 100 (Kan. 1982).
· cites it 4× “It also set aside the award of $99,741 for loss of profits in case number 79 C 38 on the grounds the contract to level the 4,000 acres could not be performed within one year, making it unenforceable under K.S.A. 33-106, and the action for breach of contract was barred by the…”
Bouton v. Byers, 321 P.3d 780 (Kan. Ct. App. 2014).
· cites it 2× “[1] • Statute of Frauds Byers contends Bouton’s promissory estoppel claim is barred by the statute of frauds, K.S.A. 33-106, because the representation entailed the transfer of land.”
In Re the Marriage of Takusagawa, 166 P.3d 440 (Kan. Ct. App. 2007).
· cites it 3× “K.S.A. 33-106 requires some written evidence of an agreement for the sale of lands or any interest in them.”
Barnhart v. McKinney, 682 P.2d 112 (Kan. 1984).
· cites it 2× “We find nothing unreasonable about the agreement fairly entered into between plaintiff and McGrew and subsequently adhered to in the sale from McGrew to defendants.”
Sch.-Link Tech., Inc. v. Applied Resources, Inc., 471 F. Supp. 2d 1101 (D. Kan. 2007).
· cites it 4× “§ 84-2-201 is the exclusive statute of frauds provision in a case involving the sale of goods or whether the more general statute of frauds, K.S.A. § 33-106, might also apply. Cf. 2 Lary Lawrence, Lawrence's Anderson on the Uniform Commercial Code § 2-201:17, at 331 and §…”
Young v. Hefton, 173 P.3d 671 (Kan. Ct. App. 2007).
· cites it 3× “33-105 and K.S.A. 33-106, requiring contracts for sale of real estate to be in writing and signed by the parties to be bound.”
Edwards & Assocs., Inc. v. Black & Veatch, L.L.P., 84 F. Supp. 2d 1182 (D. Kan. 2000).
· cites it 4× “Finally, Black & Veatch claims that the alleged contract described by plaintiff is unenforceable under the statute of frauds, K.S.A. § 33-106, which requires a writing for contracts that cannot be performed within one year.”
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