Nebraska Revised Statutes
Neb. Rev. Stat. § 36-105 (2026)
Contracts for lease or sale of lands; when void
✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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Every contract for the leasing for a longer period than one year, or for the sale of any lands, shall be void unless the contract or some note or memorandum thereof be in writing and signed by the party by whom the lease or sale is to be made.
Notes of Decisions
Cited in 40
cases (2 in the last 5 years), 1943–2024 · leading case: Brick Dev. v. CNBT II, 918 N.W.2d 824 (Neb. 2018).
Brick Dev. v. CNBT II, 918 N.W.2d 824 (Neb. 2018). “They also both alleged that Brick's claims were barred by the statute of frauds, including Neb. Rev. Stat. §§ 36-105 and 36-202 (Reissue 2016).”
Walters v. Sporer, 905 N.W.2d 70 (Neb. 2017). “The court granted summary judgment for the Laus and the Sporers against John because it ruled that the language in the deed did not satisfy the statute of frauds, Neb. Rev. Stat. § 36-105 (Reissue 2016), and there was no other written agree- ment signed by the Laus.”
Gibbons Ranches v. Bailey, 857 N.W.2d 808 (Neb. 2015). “8 Neb. Rev. Stat. § 36-105 (Reissue 2008). 9 See K & K Farming v.”
Blair v. Brownson, 197 S.W.3d 681 (Tenn. 2006). “05 (2002); Neb.Rev.Stat. § 36-105 (2005); Utah Code Ann.”
Sayer v. Bowley, 503 N.W.2d 166 (Neb. 1993). “See Neb. Rev. Stat. § 36-105 (Reissue 1988). However, before analyzing the effect of part performance and equitable estoppel on this case, we first must determine whether an adequate contract existed to be enforced in equity.”
Theobald v. Agee, 276 N.W.2d 191 (Neb. 1979). “In their answer, the defendants allege, among other things: “(c) The amended petition discloses on its face that the alleged cause of action is based upon the alleged breach of an alleged oral contract for the conveyance of land, which under the provisions of Section 36-105 of…”
Bruce Lavalleur, P.C. v. Guarantee Grp., 992 N.W.2d 736 (Neb. 2023). “It first contended there was no evidence of a meeting of the minds to form an oral contract. Alternatively, Guarantee Group argued that even if an otherwise enforceable contract was formed, it was void as against public policy.”
K & K Farming, Inc. v. Fed. Intermediate Credit Bank, 468 N.W.2d 99 (Neb. 1991). “Neb. Rev. Stat. § 36-105 (Reissue 1988). The memorandum required by the statute of frauds is evidence of an oral contract and must contain the essential terms of the contract.”
Taylor v. Clark, 10 N.W.2d 495 (Neb. 1943). “” Section 36-105. “Every contract for the leasing for a longer period than one year from the making thereof, or for the sale of any lands, shall be void unless the contract or some note or memorandum thereof be in writing and signed by the party by whom the lease or sale is to…”
Schmidt v. Henderson, 27 N.W.2d 396 (Neb. 1947). “Section 36-105, R. S. 1943, provides: “Every contract for the leasing for a longer period than one year, * * * of any lands, shall be void unless the contract or some note or memorandum thereof be in writing and signed by the party by whom the lease or sale is to be made.”
Kibler v. Kibler, 845 N.W.2d 585 (Neb. 2014). “In her second assignment of error, Cheryl alleges that the district court abused its discretion in not vacating the decree, because its entry violated Rules of Dist.”
Wisnieski v. Coufal, 195 N.W.2d 750 (Neb. 1972). “The last sentence of this section sets forth the required terms as follows: “Such contract shall describe the land to be sold, and set forth the compensation to be allowed by the owner in case of sale by the broker or agent.”
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