Neb. Rev. Stat. » Chapter 36
Nebraska Revised Statutes

Neb. Rev. Stat. § 36-202 (2026)

Agreements; writing required, when

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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In the following cases every agreement shall be void, unless such agreement, or some note or memorandum thereof, be in writing, and subscribed by the party to be charged therewith: (1) Every agreement that, by its terms, is not to be performed within one year from the making thereof; (2) every special promise to answer for the debt, default, or misdoings of another person; (3) every agreement, promise or undertaking made upon consideration of marriage, except mutual promises to marry; (4) every special promise by an executor or administrator to answer damages out of his own estate; and (5) every agreement for the repurchase of corporate stocks, bonds or other securities.

Notes of Decisions
Cited in 38 cases (4 in the last 5 years), 1933–2026 · leading case: Bruce Lavalleur, P.C. v. Guarantee Grp., 992 N.W.2d 736 (Neb. 2023).
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Bruce Lavalleur, P.C. v. Guarantee Grp., 992 N.W.2d 736 (Neb. 2023). · cites it 12× “In this appeal, we find that the district court erred by granting Guarantee Group a directed verdict on statute of frauds grounds.”
Blinn v. Beatrice Cmty. Hosp. & Health Ctr., Inc., 708 N.W.2d 235 (Neb. 2006). · cites it 4× “As pertinent, Blinn alleged theories of recovery based upon breach of an oral contract and promissory estoppel.”
Garnett v. Genetic Improvement Servs. of North Carolina, Inc., 736 N.W.2d 720 (Neb. 2007). · cites it 4× “In view of these findings, the county court rejected the arguments advanced by GIS that the purported written guaranty by Dueck be reformed or, in the alternative, that the purported oral guaranty by Dueck be deemed enforceable under the “leading object rule,” which is an…”
Christian v. Smith, 759 N.W.2d 447 (Neb. 2008). · cites it 3× “[18] Neb.Rev.Stat. § 36-202 (Reissue 2004). [19] Tenn.”
Walker v. Walker Enter., Inc., 532 N.W.2d 324 (Neb. 1995). · cites it 5× “However, before we reach that issue, we first must determine whether the statute of frauds, Neb. Rev. Stat. § 36-202 (Reissue 1993), barred enforcement of the amended commission agreement.”
Hoeft v. Five Points Bank, 539 N.W.2d 637 (Neb. 1995). · cites it 2× “Neb. Rev. Stat. § 36-202 (2) (Reissue 1993).”
Spittler v. Nicola, 479 N.W.2d 803 (Neb. 1992). · cites it 2× “- Generally, when a contract of guaranty is entered into independently of the transaction that created the original or present debt or obligation, the guarantor’s promise must be (1) in writing, see Neb. Rev. Stat. § 36-202 (Reissue 1988), and (2) supported by a consideration…”
Creighton Univ. v. Gen. Elec. Co., 636 F. Supp. 2d 940 (D. Neb. 2009). · cites it 2× “” Neb.Rev.Stat. § 36-202 (West, WESTLAW, through 2008 legislative session).”
Montgomery v. Quantum Labs, Inc., 251 N.W.2d 892 (Neb. 1977). · cites it 6× “Since the plaintiff did not plead an oral contract, the defendant was thereby not allowed to raise in its defense section 36-202, R. R. S. 1943; the Statute of Frauds, i.”
Braunger Foods v. Sears, 834 N.W.2d 779 (Neb. 2013). · cites it 2× “Nebraska’s statute of frauds, Neb. Rev. Stat. § 36-202 (Reissue 2008), provides in part that “every special promise to answer for the debt, default, or misdoings of another person” shall be void unless it is “in writing, and subscribed by the party to be charged therewith.”
Heese Produce Co. v. Lueders, 443 N.W.2d 278 (Neb. 1989). · cites it 2× “In connection with this argument, Heese contends the oral settlement agreement was in violation of the statute of frauds, Neb. Rev. Stat. § 36-202 (2) (Reissue 1988), which provides: “In the following cases every agreement shall be void, unless such agreement, or some note or…”
Rath v. Selection Rsch., Inc., 519 N.W.2d 503 (Neb. 1994). · cites it 2× “The statute of frauds provides, in relevant part: “In the following cases every agreement shall be void, unless such agreement, or some note or memorandum thereof, be in writing, and subscribed by the party to be charged therewith: (1) Every agreement that, by its terms, is not…”
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Neb. Rev. Stat. § 36-202(1): 1 case
Bruce Lavalleur, P.C. v. Guarantee Grp., 992 N.W.2d 736 (Neb. 2023). “In this appeal, we find that the district court erred by granting Guarantee Group a directed verdict on statute of frauds grounds.”
Neb. Rev. Stat. § 36-202(2): 1 case
Garnett v. Genetic Improvement Servs. of North Carolina, Inc., 736 N.W.2d 720 (Neb. 2007). “In view of these findings, the county court rejected the arguments advanced by GIS that the purported written guaranty by Dueck be reformed or, in the alternative, that the purported oral guaranty by Dueck be deemed enforceable under the “leading object rule,” which is an…”
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