Also known as: within the statute of frauds · within statute of frauds · SOF coverage · statute of frauds applicability
Written by attorneys · grounded in primary & secondary sources — see below
A classification of a contract as falling into a category that the Statute of Frauds requires to be evidenced by a signed writing to be enforceable.
Whitney White orally promised to convey a parcel of farmland to Warwick Electronics in exchange for a cash payment. When Warwick later sought to enforce the promise after making the payment, the court examined whether the agreement fell within the statute of frauds because it concerned the transfer of an interest in land.
Willow Walker orally agreed to purchase a commercial lot from Winston West for development purposes. When Willow attempted to enforce the deal after market prices rose, the court assessed whether the promise to buy an interest in land placed the contract within the statute of frauds regardless of the intended transferee.
Select any source to read its text and confirm it supports the definition.
Wren Wallace orally agreed with Wilma Wright's company to extend an employment term beyond one year and add new performance bonuses. When Wren later sought enforcement after completing additional work, the court determined whether the modified agreement fell within the statute of frauds due to its duration.
Wanda Williams orally contracted to sell a breeding cow to Westmont Healthcare for a substantial sum. After the buyer discovered the animal's true condition and refused payment, the court considered whether the agreement was within the statute of frauds as a contract for the sale of goods exceeding the statutory threshold.
Winterhaven Logistics orally modified an existing written supply agreement with Wisconsin Knife Works to increase quantities and alter delivery terms. When one party later denied the changes, the court evaluated whether the modification itself fell within the statute of frauds under the UCC.
A court first confirms a contract exists and then determines whether it falls into a covered category such as a promise to transfer an interest in land or a contract not performable within one year. The classification turns on the subject matter and terms rather than the parties' labels.
Supporting sources
Yes. When parties orally modify a prior agreement, the modified deal is treated as the original contract with changed terms, so a modification that adds or alters an interest in land must itself satisfy the writing requirement.
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The contract remains valid but is unenforceable absent a signed memorandum or an exception such as part performance or promissory estoppel. Courts may still allow restitution to prevent unjust enrichment even when enforcement is barred.
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…the judgments before the justice and at the circuit were right. I agree with my Brother Morse that the contract made was not within the statute of frauds, and that payment for the property was not a condition precedent to the passing of the title from the defendants to the plaintiff. And I further agree with him that the plaintiff was…