Also known as: parties to be charged · party charged
Written by attorneys · grounded in primary & secondary sources — see below
The party against whom enforcement of a contract within the Statute of Frauds is sought. That party must sign a writing that reasonably identifies the subject matter, indicates that a contract was made, and states the essential terms with reasonable certainty.
Pierce Patterson orally agreed to sell a warehouse to Phoebe Park for $400,000. Phoebe later sued when Pierce refused to convey. The court dismissed the claim because Pierce, the party resisting enforcement, had never signed any writing identifying the property or price.
Patricia Patel orally leased a storefront to Patrick Phan for five years at $6,000 monthly. When Patricia refused to honor the deal, Patrick produced an unsigned draft. The court held the lease unenforceable because Patricia, the party to be charged, had not signed a writing listing the parties, premises, term, and rent.
Select any source to read its text and confirm it supports the definition.
Pablo Perez signed a letter expressing interest in leasing land from Priscilla Parks. Six months later the parties orally settled on an eight-year term but the signed letter omitted the parcel description. The court allowed the unsigned memorandum to supply the missing land details because both documents were read together against Pablo as the party to be charged.
Pulse Media signed a cover letter and placed it in the same envelope with an unsigned draft lease. The draft lacked the tenant's name. The court treated the two documents as a single memorandum sufficient to charge Pulse because the signed letter physically accompanied and referred to the unsigned draft.
Precision Tools bought land subject to recorded covenants. The buyer later challenged enforcement by the planning committee. The court examined whether any writing signed by the party resisting the covenant satisfied the statute of frauds requirement for the original agreement.
Prosperity Investments orally agreed to sell acreage to Patriot Insurance. When the buyer sought specific performance, the seller raised the statute of frauds. The court dismissed the action because no writing signed by the party to be charged evidenced the essential terms of the land sale.
The party to be charged is the person against whom enforcement is sought, typically the defendant. Only that party's signature is required. The plaintiff need not have signed.
Supporting sources
Yes. Separate documents may be read together if at least one is signed by the party to be charged and the circumstances show they relate to the same transaction.
Supporting sources
No. A memorandum signed by the party to be charged may be made before or after formation, even after breach, so long as it adequately evidences the agreement.
Supporting sources
The contract is enforceable only against the signing party. The nonsigning party cannot be charged because the statute requires the signature of the party against whom enforcement is sought.
Supporting sources
…under this act, by indictment or otherwise, ... it shall not be necessary in the first instance for the State to prove that the party charged did not have a permit to sell intoxicating liquors for the excepted purposes." We are unable to perceive anything in these regulations inconsistent with the constitutional guarantees of…