Sec. 33. New Jersey Rule

In New Jersey, the statute provides, " that no action shall be brought * * upon any contract or sale of lands, tenements or hereditaments, or any interest in or concerning them * * * 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."16

ął Appelbaum v. GalewskI, 34 Misc. 281 (N. Y. 1901); Worrall v. Munn, 5 N. Y. 243 (1851).

Worrall v. Munn, 5 N. Y. 243 (1851).

"See also Newton v. Bronson, 13 N. Y. 593 (1856). See also Sec.46 infra.

16 General Statutes of N. J. (1709-1895), Vol. 2, p. 1603, Sec.5.

An agent may be orally authorized to enter into a written contract for the sale of land.17 In New Jersey, therefore, the agent's authority to sign the contract need not be in writing.

Sec. 34. Massachusetts Rule

Nor does the Massachusetts statute require the agent's authority to sign the contract to be in writing. The statute provides: "No action shall be brought * upon a contract for the sale of lands, tenements or hereditaments or of any interest in or concerning them * * * unless the promise, contract or agreement upon which such action is brought, or some memorandum or note thereof, is in writing and signed by the party to be charged therewith or by some person thereunto by him lawfully authorized." 18

Sec. 35. California Rule

In California the agent's authority to sign the contract must be in writing. "The following contracts are invalid, unless the same, or some note or memorandum thereof, be in writing and subscribed by the party to be charged, or by his agent: * * 5. An agreement for the leasing for a longer period than one year, or for the sale of real property, or for an interest therein, and such agreement, if made by an agent of the party sought to be charged, is invalid, unless the authority of the agent be in writing, subscribed by the party sought to be charged." 19

Sec. 36. Illinois Rule

And in Illinois the agent's authority to sign a contract must be in writing. The statutory provision is:

17 Milne v. Kleb, 44 N. J. Eq. 378 (1888); Brown v. Honlss, 74 N. J. L. 505 (1906).

18 Revised Laws of Mass. (1902), Ch. 74, Sec.1. 19 Cal. Civil Code, Sec. 1624.

"No action shall be brought to charge any person upon any contract for the sale of lands, tenements or hereditaments, or any interest in or concerning them, for a longer term than one year, unless such contract 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 lawfully authorized in writing, signed by such party * * * ." 20

Sec. 37. Rule In Other States

Minnesota requires written authority of the agent to sign contract.21 And so does North Dakota.22 But, as has been said, the statute of each state cannot be reproduced here. It is advisable, therefore, to consult the laws of the particular state as occasion arises.