Legal Memorandum: Enforceability of an Oral Contract in KS

Issue: Is an alleged oral contract based on a promise to transfer a percentage interest in real estate enforceable under the Kansas Statute of Frauds, Kan. Stat. 33-106?

Area of Law: Business Organizations & Contracts, Real Estate Law
Keywords: Oral contract; Promise to transfer
Jurisdiction: Kansas
Cited Cases: None
Cited Statutes: Kan. Stat. 33-106
Date: 08/01/2012

Under the Kansas Statute of Frauds,

No action shall be brought whereby to charge a party upon any special promise to answer for the debt, default or miscarriage of another person; or to charge any executor or administrator upon any special promise to answer damages out of his own estate; or to charge any person upon any agreement made upon consideration of marriage; or upon any contract for the sale of lands, tenements, or hereditaments, or any interest in or concerning them; or upon any agreement that is not to be performed within the space of one year from the making thereof, unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing and signed by the party to be charged therewith, or some other person thereunto by him or her lawfully authorized in writing.

Kan. Stat. § 33-106 (emphasis added). 


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