Me. Rev. Stat. tit. 33, § 51

Writing required; consideration need not be expressed

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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.

Notes of Decisions

Cited in 93 cases (2 in the last 5 years), 1969–2024 · leading case: Sullivan v. Porter

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Sullivan v. Porter (2004) me · cites it 2× “The court ordered the Porters to execute a purchase and sale agreement for $350,000 to be financed by the Porters unless otherwise agreed, and required them to provide notice of the terms of repayment and interest rate in the range found by the court within ten days of the…”

BROWN DEVELOPMENT CORP. v. Hemond (2008) me · cites it 2× “33 M.R.S. § 51(4) (2007). The purpose of the statute of frauds is to prevent actions based on false claims.”

John McClare v. James J. Rocha (2014) me · cites it 2× “He further argues that the emails constitute a signed writing, thereby satisfying the statute of frauds, 33 M.R.S. § 51 (2013). [¶ 2] Because an email can constitute a writing pursuant to the statute of frauds and the Maine Uniform Electronic Transactions Act, 10 M.”

Wilson v. DelPapa (1993) me · cites it 3× “The Statute of Frauds bars enforcement of certain contracts “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…”

Roger Edwards, LLC. v. Fiddes & Son, Ltd. (2003) med · cites it 3× “33 M.R.S.A. § 51. The defendant contends that the plaintiffs own allegations demonstrate that the agreement at issue was to continue indefinitely and would not conclude within a year and that there was no written agreement and no signature on its behalf.”

Gagne v. Stevens (1997) me · cites it 3× “To satisfy the statute of frauds, such a writing need be signed only by “the party to be charged therewith,” 33 M.R.S.A. § 51; Rulon-Miller v. Carhart, 544 A.”

Northeast Investment Co. v. Leisure Living Communities, Inc. (1976) me · cites it 2× “33 M.R.S.A. § 51. Writing required; . “No action shall be maintained in any of the following cases: * * * * * (5) Agreement not to be performed within one year.”

Dalton v. Comm'r (2010) tax · cites it 2× “s, the assent is either expressly or impliedly manifested *67 in the contract, and the contract is sufficiently definite to enable the court to ascertain its exact meaning and fix exactly the legal liabilities * * * The essential terms for a contract to sell land include the…”

Fitzgerald v. Hutchins (2009) me “[¶ 20] Pursuant to 33 M.R.S. § 51(2) (2008), no action shall be maintained “[t]o charge any person upon any special promise to answer for the debt, default or misdoings of another” unless the promise, contract, or agreement is in writing and signed by the party to be charged.”

Eckenrode v. Heritage Management Corp. (1984) me · cites it 2× “33 M.R.S.A. § 51(5) (1978). Defendant's principal argument on the statute of frauds issue is that if the statute applies, plaintiff produced no writing that satisfies the statute’s requirements and therefore the contract is unenforceable.”

Mercier v. Town of Fairfield (1993) me · cites it 2× “See 33 M.R.S.A. § 51(5) (1988). 2 The statute of frauds serves primarily an evidentiary function, providing protection from perjury and fraud by requiring contracts of long duration to be in writing in order to be admitted in evidence against the party to be charged.”

Great Hill Fill & Gravel, Inc. v. Shapleigh (1997) me · cites it 2× “[¶4] The court concluded that enforcement of the 1974 contract between Shapleigh and Furbush was barred by the Statute of Frauds, which prevents the maintenance of actions “[ujpon any agreement that is not to be performed within one year from the making thereof.” 1 This is the…”

Show all 93 citing cases →

— Me. Rev. Stat. tit. 33, § 51(2) — 7 cases

Fitzgerald v. Hutchins (2009) me “[¶ 20] Pursuant to 33 M.R.S. § 51(2) (2008), no action shall be maintained “[t]o charge any person upon any special promise to answer for the debt, default or misdoings of another” unless the promise, contract, or agreement is in writing and signed by the party to be charged.”

Precision Communications, Inc. v. Rodrigue (1982) me

Graybar Electric Co. v. Sawyer (1985) me

Infosecurus, Inc. v. Peterson (2018) mesuperct

McIntyre v. Nice (2001) mesuperct

— Me. Rev. Stat. tit. 33, § 51(2004) — 1 case

Pelletier v. Noel (2005) mesuperct

— Me. Rev. Stat. tit. 33, § 51(4) — 24 cases

Sullivan v. Porter (2004) me “The court ordered the Porters to execute a purchase and sale agreement for $350,000 to be financed by the Porters unless otherwise agreed, and required them to provide notice of the terms of repayment and interest rate in the range found by the court within ten days of the…”

BROWN DEVELOPMENT CORP. v. Hemond (2008) me “33 M.R.S. § 51(4) (2007). The purpose of the statute of frauds is to prevent actions based on false claims.”

Gagne v. Stevens (1997) me “To satisfy the statute of frauds, such a writing need be signed only by “the party to be charged therewith,” 33 M.R.S.A. § 51; Rulon-Miller v. Carhart, 544 A.”

Chapman v. Bomann (1978) me

Beesley v. Landmark Realty, Inc. (1983) me

— Me. Rev. Stat. tit. 33, § 51(5) — 24 cases

Eckenrode v. Heritage Management Corp. (1984) me “33 M.R.S.A. § 51(5) (1978). Defendant's principal argument on the statute of frauds issue is that if the statute applies, plaintiff produced no writing that satisfies the statute’s requirements and therefore the contract is unenforceable.”

Mercier v. Town of Fairfield (1993) me “See 33 M.R.S.A. § 51(5) (1988). 2 The statute of frauds serves primarily an evidentiary function, providing protection from perjury and fraud by requiring contracts of long duration to be in writing in order to be admitted in evidence against the party to be charged.”

Great Hill Fill & Gravel, Inc. v. Shapleigh (1997) me “[¶4] The court concluded that enforcement of the 1974 contract between Shapleigh and Furbush was barred by the Statute of Frauds, which prevents the maintenance of actions “[ujpon any agreement that is not to be performed within one year from the making thereof.” 1 This is the…”

Northeast Investment Co. v. Leisure Living Communities, Inc. (1976) me “33 M.R.S.A. § 51. Writing required; . “No action shall be maintained in any of the following cases: * * * * * (5) Agreement not to be performed within one year.”

Wells Fargo Home Mortgage, Inc. v. Spaulding (2007) me

— Me. Rev. Stat. tit. 33, § 51(5)(1988) — 1 case

Stearns v. Emery-Waterhouse Co. (1991) me

— Me. Rev. Stat. tit. 33, § 51(7) — 1 case

Estate of Boothby (1987) me

— Me. Rev. Stat. tit. 33, § 51(8) — 2 cases

Wilson v. DelPapa (1993) me “The Statute of Frauds bars enforcement of certain contracts “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…”

Hartford Financial Systems, Inc. v. Florida Software Services, Inc. (1982) med

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