River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1913-07-03


evidenced by writing singed b.
the party against whom it is to b.
enforced. otherwise the court
! would not enforce it. A statemen
Of the principles which determine
in what form contract must BIZ
evidenced to be valid may not pos
Sess the interest attached to otheI
branches of the law, but they are O.
the utmost practical impor
lance to the average individua
in the guidance of the business af
fairs of everyday life.
There are probably no two sec.
tions of written law which possess
the practical Importance, or have
had the far-reaching influence OF
the 4th and 18th sections of the
Statue of Frauds, enacted by the
English Parliament in 1916. These
provisions have been reenacted by
the legislatures of the various states
in but slightly varying form and the
principles are firmly embodied in
our law and are set down to guide
all of US in the formation of our con-
tractual agreements. Every student
of law memories these provisions.
What is known as the 4th section
specifies certain classes of contracts
which must be evidenced by assign
ed writing if they are to be enforce
able. The first of these is an
agreement by an executor or admin
istrator to answer damages out of
his own estate. OF course, one
holding such position is not per-
sonally bound to pay the debts
of the deceased out of his own
pocket; but if he does SO agree, it
must be in the writing, if he is to
be bound by his promise.
The next class of agreements
covered are those Ito answer for
the debt, default or miscarriage of
another" If some third party suf
fers under ali existing, or contem-
plates future. liability and you
agree with his creditor to make it
good for him, that agreement must
be evidenced by a writing singed
by you if you are to be bound by it
Suppose John Sims domestic you,
tells you he has no money, and
must have pair of shoes, and you
agree to see that he gets them at the
store. You go with him to the
storekeeper and say, LET Sims
have pair of shoes, will see you
paid" BY this statement you have
become directly and personally Ii
able and it is not within the statute.
But if you say, Let Sims have a
pair of~shoes, if he doesn't pay you
I will" then this is contract to
answer for the debt of another with
in the statute and there must be
some written memorandum signed
by you if the agreement is to be en-
forceable. One of the most import
ant of the provisions is that any
contract or sale of lands, or any in
terest in or concerning land, mus
be evidenced by signed writing.
This is the provision that requires
that contract with reference to
standing timber be in writing for it
is reference to realty. So, too, con-
tracts to buy land, or for mineral
rights are within this provision and
must be in writing. 1t is to be not
iced that if the contract calls for
the delivery of timber or of coal
from the lands of the owner by the
owner, that is not within this pro-
vision, since he himself is to cut or
mine it, thus seyering it from the
land SO that it loses its character as
realty. But If he sells coal or oil as
it lies beneath his farm the contract
must be in writing. The same APP
plies TO all leases, which are ex-
cepted in most of the states.
Or if contract is not to be per-
formed within year from the max
ing thereof il must be evidenced by
writing to be enforceable. This ap-
plies only to contracts which cannot
be performed within a year. Thus
leases for period over year from
the date when they are made, con-
tracts to work for over year, etc,
mu st be in writing. But if you
agree to support Sam Allison for the
rest of his life, that contract is not
within the statute for, though Sam