According to the weight of authority, this clause of the statute applies to promises to marry which are, by their terms, to be performed after the expiration of a year.97

It has, however, been held in England, and in some of our states, that it does not apply to contracts relating to land.98 Mr. Browne, in his work on the Statute of Frauds, takes the contrary view, and says that "it includes all those contracts which are of such duration, whatever be their subject-matter." •• We have been unable to find any case in which the point seems to have been directly raised and decided in accordance with Mr. Browne's statement, but there are many cases which assume that the statute applies to agreements relating to land. For instance, some courts hold that a parol lease for a year, to commence on a future day, is within this clause of the statute.1 In some of the states the statute in regard to con-

94 Whipple v. Parker, 29 Mich. 369; Marcy v. Marcy, 9 Allen (Mass.) 8; Frary v. Sterling, 99 Mass. 461; Pierce v. Paine's Estate, 28 Vt. 34; Sheehy v. Adarene, 41 Vt. 541, 98 Am. Dec. 623; Lane v. Shackford, 5 N. H. 130; Montague v. Garnett, 3 Bush (Ky.) 297; Broadwell v. Getman, 2 Denio (N. Y.) 87; McElroy v. Ludlum, 32 N. J. Eq. 828; Jackson Iron Co. v. Concentrating Co., 65 Fed. 298, 12 C. C. A. 636. See "Frauds, Statute of," Dec. Dig. (Key-No.) § 136; Cent. Dig. § 300.

95 Whipple v. Parker, 29 Mich. 369. See, also, post, p. 119, note 90; ante, p. 18. See "Frauds, Statute of." Dec. Dig. (Key-No.) §§ 129, 136; Cent. Dig. §§ 288, 300.

96 Curtis v. Sage, 35 111. 22; Worden v. Sharp, 56 111 104. See "Frauds, Statute of," Dec. Dig. (Key-No.) §§ 54, 136; Cent. Dig. §§ 81, 300.

97 Derby v. Phelps, 2 N. H. 515; Clark v. Pendleton, 20 Conn. 495; Lawrence v. Cooke, 56 Me. 187, 96 Am. Dec. 443; Nichols v. Weaver, 7 Kan. 373; Lewis v. Tappan, 90 Md. 294, 45 Atl. 469, 47 L. R. A. 385. See "Frauds, Statute of," Dec. Dig. (Key-No.) § 44," Cent. Dig. § 66.

98 Hollis v. Edwards, 1 Vera. 159; Fall v. Hazelregg, 45 Ind. 576, 15 Am. Rep. 278; Sobey v. Brisbee, 20 Iowa, 105; Young v. Dake, 5 N. Y. 463, 55 Am. Dec. 356; Wilson v. Martin, 1 Denio (N. Y.) 602; Railsback v. Walke, 81 Ind. 409. See "Frauds, Statute of," Dec. Dig. (Key-No.) § 44; Cent. Dig.

§66.

99 Browne, St Frauds, § 272.

1 Delano v. Montague, 4 Cush. (Mass.) 42; Wheeler v. Frankenthal, 78 I1L 124; Comstock v. Ward, 22 111. 248; Olt v. Lohnas, 19 I1L 576; Roberts v.

tracts relating to land excepts from its operation "leases for a term not exceeding one year," and "contracts for the leasing for a period not longer than one year," and in some states it is held that such a statute does not apply to agreements for a lease for a year to commence in the future.2

A contract for services for one year, to commence at a future day, is within the statute,3 even though it is to commence on the day after the contract is made; 4 but it is otherwise if it is to commence on the day the contract is entered into.5

Same - Form Required

44. CONTENTS OF WRITING. The writing must show:

(a) The names or descriptions of the parties.

(b) The terms and subject-matter of the agreement.

(c) The consideration (in most jurisdictions).

45. SEPARATE PAPERS. The writing may be on separate papers, provided they are all signed by the party to be charged or his agent, or that such as are not so signed are attached to or referred to in a signed paper.

46. BY WHOM SIGNED. In most jurisdictions only the signature of the party to be charged is required, but in some jurisdictions contracts consisting of mutual promises must be signed by both parties.

Tennell, 3 T. B. Mon. (Ky.) 247; Wilson v. Martin, 1 Denlo (N. Y.) 602; At-wood v. Norton, 31 Ga. 507; Strehl v. D'Evers, 66 111. 77; Jellett v. Rhode, 43 Minn. 166, 45 N. W. 13, 7 L. R. A. 671; White v. Holland, 17 Or. 3, 3 Pac. 573; Beiler v. Devall, 40 Mo. App. 251; White v. Levy, 93 Ala. 4S4, 9 South. 164; Cook v. Redman, 45 Mo. App. 397. See "Frauds, Statute of," Dec. Dig. (Key-No.) § 44; Cent. Dig. § 66.

2 Whiting v. Ohlert, 52 Mich. 462, 18 N. W. 219, 50 Am. Rep. 265; Young v. Dake, 5 N. Y. 463, 55 Am. Dec. 356; McCroy v. Toney, 66 Miss. 233, 5 South. 392, 2 L R. A. 847; Goldberg v. Lavinski, 3 Misc. Rep. 607, 22 N. Y. Supp. 552. Contra, Greenwood v. Strother, 91 Ky. 482, 16 S. W. 138. See "Frauds, Statute of," Dec. Dig. (K.ey-No.) § 44; Cent. Dig. § 66.

3 BRITAIN v. ROSSITER, L. R. 11 Q. B. D. 123, Throckmorton Cas. Contracts, 86; Bracegirdle v. Heald, 1 B. & A. 722; Townsend v. Minford, 48 Hun, 617, 1 N. Y. Supp. 565; Lee's Adm'r v. Hill, 87 Va. 497, 12 S. E. 1052, 24 Am. St. Rep. 666; Baker v. Codding, 18 N. Y. Supp. 159; Chase v. Hinklcy, 126 Wis. 75, 105 N. W. 230, 2 L. R. A. (N. S.) 738, 110 Am. St. Rep. 896, 5 Ann. Cas. 328. See "Frauds, Statute of," Dec. Dig. (Keu-No.) § 44; Cent. Dig. § 66.

4 Billington v. Cahill, 51 Hun, 132, 4 X. Y. Supp. 660. See "Frauds, Statute of," Dec. Dig. (Key-No.) § 44; Cent. Dig. § 66.

5 Cawthorne v. Cordrey, 13 C B. N. S. 406; 32 L. J. (C. P.) 152; Cox v. Brewing Co., 53 Hun, 634, 6 N. Y. Supp. 841; Aiken v. Nogle, 47 Run. 9(>, 27

47. HOW SIGNED. The signature may be by mark or initial, and, unless the statute requires the name to be "subscribed," may be printed, and may be in any part of the writing.

48. AGENT TO SIGN. Where the signature is by agent, the agent must be a third person; but a person who acts as agent of one person in making the contract may act as agent of both in making the memorandum.

49. DELIVERY. The writing need not be delivered, except it be in form of a deed of land.