The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1907-06-13

Another important provision related
to executors and administrators. Prior
to the passing of the statute an executor
or administrator orally promised to as
sumo responsibility relating to the estate
he represented could be personally held,
if witnesses to such promise could be
found. The statute declared that such
a promise must be evidenced by some
note or memorandum in writing signed
by the party to be charged or by some
one lawfully authorized by him to sign.
Again, one could be held on an oral
promise to answer for somebody else's
debt, default, or miscarriage. This the
statute changed by requiring written
promise. One could formerly be held to
an oral agreement made upon consider
alton of marriage This the statute
changed by requiring writing. Also,
one could be held on an oral promise to
perform an agreement, no matter how
! far in the future the performance eX-
| ltHuti. LILO " hS Nilhi ECU ~ tihN VI
agreements for year or less, and these
only, were good without writing.
The effect of this statute a. you will
see, was far reaching. 1t did not de-
clare such oral promises void or illegal;
but ii did declare that no action could
be brought in court by one man charg-
ing another with such promise unless
proof could be made, either by way of
the agreement itself in writing, or by
agreement signed by the party to be
held, or signed by some one lawfully
authorized by him to sign. 1t did not
prevent parties carrying out an oral con-
tract if they desired to do so; and if they
did carry it ont neither party could re-
cover back what he had paid or have the
transaction set aside.
| As to what sort of writing Is required
for the proof it may be said that if the
contract itself was in writing, that is
sufficient proof. But the contract itself
need not be in writing. Anything in
the way of memorandum, note, or
letter, signed by the party to be charged,
wherein he admits or acknowledges the
contract, provided this memorandum or
note contains sufficient data as to the
terms, will be good evidence. The
memorandum need not be in any partiCu-
lar form; it may consist Of u letter or
series Of letters or telegram, or series of
kilograms, the condition being that the
writing be signed by the party to be
held, and that it contains enough to
make it sufficiently clear as to the terms
Of the contract In most Of the states
the writing need not express the con
sideration, the words value received
are held sufficient. The wording Of the
statute permits of the signature by an
agent.
Now, rs to the bearing of this statute
on the transfer of lands, it may be said
that writing is required not only to a
contract for the sale or title to the land
itself, but also to the creation Of rights
Of way to the transfer of standing tim
ber growing grass fruits on the trees
but not of such crops rs are produced by
annual planting, which are not usually
considered part Of the land, and may,
therefore, be sold without writing pro-
vided the contract complies with the
other conditions of the statute.
Sometimes he question arises where
there has been an oral bargain and the
land has been actually conveyed pursuant
to it, as to whether the conveyance will
stand and the seller can claim his pur
chase money Generally speaking, such
a bargain will stand and the seller may
sue for the price. If the price has been
paid and the seller refuses to convey,
falling back on the fact that the bargain
was an oral one, the only thing the
buyer can do is recover back his money.
That part of the statute relating to
Nii' liipIllTt VI pllt l''l0Dli w hllTNtl III
the debt default, or miscarriage of an.
other will be considered later when we
come to the discussion of guaranty and
suretyship.
The provision regarding promises III
consideration of marriage is II very need
full one. Where marriage is being con
sldered loose arrangements are often
made with reference TO property which
without proper proof, are almost certain
to produce litigation. The requirement
that all promises made in consideration
Of marriage be made in writing does
away with much confusion and litiga-
ton This statute does not refer to
mutual promises Of marriage. Mutual
promises to marry when made orally are
good.
An important part Of the statute refers
to contracts that are not performed with
in year. The statute requires that
these be in writing, 1t applies to such