241.02 Agreements, what must be written. - Wisconsin Statutes

241.02

241.02 Agreements, what must be written.

241.02(1)

(1) In the following case every agreement shall be void unless such agreement or some note or memorandum thereof, expressing the consideration, be in writing and subscribed by the party charged therewith:

241.02(1)(a)

(a) Every agreement that by its terms is not to be performed within one year from the making thereof.

241.02(1)(b)

(b) Every special promise to answer for the debt, default or miscarriage of another person.

241.02(1)(c)

(c) Every agreement, promise or undertaking made upon consideration of marriage, except mutual promises to marry.

241.02(2)

(2) Subsection (1) does not apply to a marital property agreement complying with ch. 766.

241.02 - ANNOT.

History: 1983 a. 186.

241.02 - ANNOT.

A stock-purchase plan is not subject to this section. Younger v. Rosenow Paper & Supply Co. 51 Wis. 2d 619, 188 N.W.2d 507 (1971).

241.02 - ANNOT.

Although a contract was unenforceable due to the statute of frauds, a party providing services could recover upon quantum meruit. Theuerkauf v. Sutton, 102 Wis. 2d 176, 306 N.W.2d 651 (1981).

241.02 - ANNOT.

The plaintiff law firm was barred by sub. (1) (b) from enforcing the defendant's oral promise to pay a friend's legal fees. Cook & Franke, S. C. v. Meilman, 136 Wis. 2d 434, 402 N.W.2d 361 (Ct. App. 1987).

241.02 - ANNOT.

A person who retained a law firm to represent the interests of another person was responsible for payment of the legal fees. This section did not require that their be a written agreement to pay. Brennan, Steil v. Colby, 189 Wis. 2d 344, 525 N.W.2d 273 (Ct. App. 1994).

241.02 - ANNOT.

Contracts for an indefinite duration are terminable at will or are void for failure to comply with sub. (1). Landess v. Borden, Inc. 667 F.2d 628 (1981).