What Contracts must be Written

The following contracts are invalid, unless the same, or some note or memorandum thereof, is in writing and subscribed by the party to be charged, or by his agent: 1. An agreement that by its terms is not to be performed within a year from the making thereof; 2. A special promise to answer for the debt, default, or miscarriage of another; except for the cases provided for in '31203 of this Title [Promise to Answer for the Obligation of Another]; 3. An agreement made upon consideration of marriage other than a mutual promise to marry; 4. (Repealed) 5. An agreement for the leasing for a longer period than one year, or for the sale of real property, or of an interest therein; and such agreement, if made by an agent of the party sought to be charged, is invalid, unless the authority of the agent is in writing, subscribed by the party sought to be charged; 6. An agreement authorizing or employing an agent or broker to purchase or sell real estate for compensation or a commission; 7. An agreement which, by its terms, is not to be performed during the lifetime of the promisor, or an agreement to devise or be- queath any property; or to make any provision for any person by will. SOURCE: CC § 1624: Item (4) repealed by P.L. 13-150:1 and replaced by appropriate parts of Title 13 of this Code (UCC). CROSS-REFERENCES: For the law relating to wills and estates of deceased persons and the passing of property after death, see Title 15 of this Code, Estates & Probate. COURT CASES: See J & G Co. v. Smith, 292 F.2d 815 (1961).