Mississippi Code

Miss. Code Ann. § 15-3-1 (2026)

Certain contracts to be in writing

✓ current as of July 2026

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An action shall not be brought whereby to charge a defendant or other party:

(a) upon any special promise to answer for the debt or default or miscarriage of another person;

(b) upon any agreement made upon consideration of marriage, mutual promises to marry excepted;

(c) upon any contract for the sale of lands, tenements, or hereditaments, or the making of any lease thereof for a longer term than one year;

(d) upon any agreement which is not to be performed within the space of fifteen months from the making thereof; or

(e) upon any special promise by an executor or administrator to answer any debt or damage out of his own estate;
unless, in each of said cases, the promise or agreement upon which such action may be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith or signed by some person by him or her thereunto lawfully authorized in writing.

Codes, Hutchinson's 1848, ch. 47, art. 1 (1); 1857, ch. 44, art. 1; 1871, § 2892; 1880, § 1292; 1892, § 4225; 1906, § 4775; Hemingway's 1917, § 3119; 1930, § 3343; 1942, § 264; Laws, 1926, ch. 152.

Notes of Decisions

Cited in 75 cases (11 in the last 5 years), 1975–2025 · leading case: Allred v. Fairchild, 785 So. 2d 1064 (Miss. 2001).

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Allred v. Fairchild, 785 So. 2d 1064 (Miss. 2001). · cites it 3× “Miss.Code Ann. § 15-3-1 (1995). Furthermore, conveyances concerning mineral interests have always been held to fall within the sale of land requirement under Miss.”

In Re Est. of Fitzner, 881 So. 2d 164 (Miss. 2003). · cites it 2× “[2] Miss.Code Ann. § 15-3-1 (Rev.1995) provides in pertinent as follows: An action shall not be brought whereby to charge a defendant or other party: (a) upon any special promise to answer for the debt or default or miscarriage of another person; * * * unless in each of said…”

Walters v. Patterson, 531 So. 2d 581 (Miss. 1988). · cites it 3× “The Chancellor found that the Statute of Frauds, Miss. Code Ann. § 15-3-1 (1972) was applicable; and that Walters fell short of the standard of proof required to establish his position.”

Putt v. City of Corinth, 579 So. 2d 534 (Miss. 1991). · cites it 3× “Miss. Code Ann. § 15-3-1 (c) (1972); Rule 8(c), Miss.”

Williams v. Evans, 547 So. 2d 54 (Miss. 1989). · cites it 3× “The Statute of Frauds, as codified at Miss Code Ann. § 15-3-1, requires that certain documents be in writing to be enforceable.”

Charles L. Walker v. U-Haul Co. Of Mississippi, U-Haul Int'l, Inc. & Amerco, Etc., 734 F.2d 1068 (5th Cir. 1984). · cites it 2× “See Miss.Code Ann. § 15-3-1 (1972). 35 . 186 Miss.”

Short v. Columbus Rubber & Gasket Co., 535 So. 2d 61 (Miss. 1988). “Miss. Code Ann. § 15-3-1 (d) (1972); Williams v.”

Roger Dale Latham v. Terry W. Johnson, 262 So. 3d 569 (Miss. Ct. App. 2018). · cites it 2× “” Miss. Code Ann. § 15-3-1 (c) (Rev. 2015).”

Powell v. Campbell, 912 So. 2d 978 (Miss. 2005). “NOTES [1] Miss.Code Ann. § 15-3-1(c) (Rev.2003) states that an action should not be brought to charge a defendant concerning a contract for the sale of lands unless "the promise or agreement upon which such action may be brought, or some memorandum or note thereof, shall be in…”

Perdue Farms, Inc. v. Motts, Inc. of Mississippi, 459 F. Supp. 7 (N.D. Miss. 1978). · cites it 2× “Miss.Code Ann. § 15-3-1 (1972); Miss.Code Ann.”

Illinois Cent. R.R. v. Byrd, 44 So. 3d 943 (Miss. 2010). · cites it 2× “unless, in each of said cases, the promise or agreement upon which such action may be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith or signed by some person by him or her thereunto lawfully authorized in writing.”

PMZ Oil Co. v. Lucroy, 449 So. 2d 201 (Miss. 1984). “Miss. Code Ann. § 15-3-1 (c) (1972). Equitable estoppel, however, is a well-established exception to our statute of frauds.”

Show all 75 citing cases →

— Miss. Code Ann. § 15-3-1(a) — 1 case

In Re Est. of Fitzner, 881 So. 2d 164 (Miss. 2003). “[2] Miss.Code Ann. § 15-3-1 (Rev.1995) provides in pertinent as follows: An action shall not be brought whereby to charge a defendant or other party: (a) upon any special promise to answer for the debt or default or miscarriage of another person; * * * unless in each of said…”

— Miss. Code Ann. § 15-3-1(b) — 1 case

Flechas v. Flechas, 791 So. 2d 295 (Miss. Ct. App. 2001).

— Miss. Code Ann. § 15-3-1(c) — 5 cases

Favre Prop. Mgmt., LLC v. Cinque Bambini, 863 So. 2d 1037 (Miss. Ct. App. 2004).

Charles L. Walker v. U-Haul Co. Of Mississippi, U-Haul Int'l, Inc. & Amerco, Etc., 734 F.2d 1068 (5th Cir. 1984). “See Miss.Code Ann. § 15-3-1 (1972). 35 . 186 Miss.”

Theobald v. Nosser, 752 So. 2d 1036 (Miss. 1999).

Lowe v. Hodges, 726 So. 2d 1289 (Miss. Ct. App. 1998).

— Miss. Code Ann. § 15-3-1(d) — 3 cases

Bowers Window & Door Co. v. Dearman, 549 So. 2d 1309 (Miss. 1989).

Gulf Coast Rsch. Lab. v. Amaraneni, 722 So. 2d 530 (Miss. 1998).

Hous. Auth. of Laurel v. Gatlin, 738 So. 2d 249 (Miss. Ct. App. 1998).

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