Mass. Gen. Laws ch. 259, § 1

Actionable contracts; necessity of writing

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Section 1. No action shall be brought:

First, To charge an executor or administrator, or an assignee under an insolvent law of the commonwealth, upon a special promise to answer damages out of his own estate;

Second, To charge a person upon a special promise to answer for the debt, default or misdoings of another;

Third, Upon an agreement made upon consideration of marriage;

Fourth, Upon a contract for the sale of lands, tenements or hereditaments or of any interest in or concerning them; or,

Fifth, Upon an agreement that is not to be performed within one year from the making thereof;

Unless the promise, contract or agreement upon 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 by him lawfully authorized.

Notes of Decisions

Cited in 283 cases (23 in the last 5 years), 1921–2026 · leading case: Shervin v. Partners Healthcare System, Inc.

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Shervin v. Partners Healthcare System, Inc. (2015) ca1 · cites it 2× “See Mass. Gen. Laws ch. 259, § 1 . This stricture extends to employment agreements.”

Dominick v. Dominick (1984) massappct · cites it 3× “Finally, the judge is not required to divine what judgment he would likely enter if the case were fully litigated, but only whether the agreement is fair and reasonable when considered in light of the factors enumerated above and any other relevant circumstances.”

Novel Iron Works, Inc. v. Wexler Construction Co. (1988) massappct · cites it 3× “See G. L. c. 259, § 1, Fifth. See also Richard Tucker Associates, Inc.”

Kuwaiti Danish Computer Co. v. Digital Equipment Corp. (2003) mass “We would reach the same result under G. L. c. 259, § 1, the Massachusetts general Statute of Frauds.”

Blackstone Realty LLC v. Federal Deposit Insurance (2001) ca1 “This appeal asks us to consider whether an action to recover on an agreement for the purchase of real property was properly dismissed on the pleadings because the writing evidencing the agreement did not satisfy the Massachusetts statute of frauds, Mass. Gen. Laws ch. 259, § 1 .…”

Whitinsville Plaza, Inc. v. Kotseas (1979) mass “199, 203 (1884) (action at law); G. L. c. 259, § 1, Fourth (Statute of Frauds for interests in land).”

Bushkin Associates, Inc. v. Raytheon Co. (1985) mass “1984]), but would not be barred under the Massachusetts Statute of Frauds (G. L. c. 259, § 1). The Court of Appeals understandably concluded that it was not “confident of the choice that would be made by the Supreme Judicial Court in this important case.”

Nessralla v. Peck (1989) mass · cites it 2× “The draft findings of fact and conclusions of law, although not in final typed form, helped to ensure a reasoned decision making process, and the memorandum of decision in its final form, although delayed, assured the parties that the judge fully considered their claims and…”

DiVittorio v. HSBC Bank, USA, N.A. Ex Rel. Ace Securities Corp. Home Equity Loan Trust (In Re DiVittorio) (2010) mab · cites it 2× “Mass. Gen. Laws ch. 259, § 1 . 82 . 209 C.”

Schwanbeck v. Federal-Mogul Corp. (1992) mass “Any promise involving real property is enforceable only if that promise meets the requirements of the Statute of Frauds, G. L. c. 259, § 1 (1990 ed.). As in Roy , the dispute in this case concerns both real and personal property, and, because the offer did not differentiate…”

Situation Management Systems, Inc. v. Malouf, Inc. (2000) mass “See also G. L. c. 259, § 1 (Statute of Frauds requires any agreement not to be performed within one year to be in writing).”

Bourne v. Northwood Properties, LLC (In Re Northwood Properties, LLC) (2007) ca1 “See Mass. Gen. Laws ch. 259, § 1 (“[n]o action shall be brought .”

Show all 283 citing cases →

— Mass. Gen. Laws ch. 259, § 1(4) — 1 case

MacGregor v. Labute (1982) massappct

— Mass. Gen. Laws ch. 259, § 1(5) — 4 cases

In Re Furst (1996) mad

Kitaeff v. Johnson (1996) mad

Meng v. Trustees of Boston University (1995) masssuperct

Zichelle v. Parigian (2006) masssuperct

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