Page:United States Statutes at Large Volume 47 Part 1.djvu/1221

 72d C ONGRESS. SESS. II. CH. 128 . FEBR UARY 27, 1933 . required by law to be in writing, is prevented from being put into writing by the fraud of a party thereto, any other party who is by such fraud led to believe that it is in writing, and acts upon such belief to his prejudice, may enforce it against the fraudulent party. SEC. 541. WHAT CO NTRACTS MUST BE WRrrrEN .-The following con- tracts are invalid, unless the same, or some note or memorandum thereof, is in writing and subscribed to by the party to be charged, off by his agent 1 . An agreement that by its terms is not to be performed within a year from the making thereof ; 2 . A special promise to answer for the debt, default, or miscar- riage of another, except in the cases provided for in section 1265 ; 3. An agreement made upon consideration of marriage other than a mutual promise to marry ; 4. An agreement for the leasing of real property for a longer period than one year, and such agreement, if made by an agent of the party sought to be charged, is invalid, unless the authority of the agent is in writing, subscribed by the party sought to be charged ; 5 . An agreement authorizing or employing an agent or broker to purchase or sell real estate for compensation or a commission ; 6. An agreement which by its terms is not to be performed during the lifetime of the promisor, or an agreement to bequeath any prop- erty, or make any provision for any person by will. OB OSS R EFER ENC ES Contracts to sell or sales of goods or chosen in action, see section 600. Fraudulent transfers, see section 1660. Guaranty, see sections 1264 et seq. Oral authorization, sufficiency of, see section 1046. Pow er of atto rney to ex ecute mort gage, see sect ion 1 345. SEC. 542. ErJ. CT of WRi ~TEN coNTRACTS .-The execution of a con- tract in writing, whether the law requires it to be written or not, superse des all the negot iations or stipu lations concerni ng its m atter which prec eded o r acc ompan ied t he exe cutio n of the in strum ent. Cross REFEeErscz Writing supersedes oral stipulations, see section 550. SEC. 543 . CONTRACT IN WRIT ING, TAKES EFFECT wHEN .-A contract in writing takes effect upon its delivery to the party in whose favor it is made, or to his agent. Cross Re'azNCE Delivery of transfers in writing, see generally section 268. are abo lished. CHAPTER 30 .-INTERPRETATION OF CONTRACTS SEC. 546. UNIFORMITY of INTERPRETATION .-All contracts, whether public or priva te, are t o be int erpreted by the same rul es, exce pt as otherwise provided by this code. Writ ten c ontrac ts. Poet, p. 1291. Poet, p. 1204. Poet, p. 1339. Poet, p. 1291. Poet, p. 1265. Poet, p. 1301. Effect of. Poet, p. 1198. Time of taking effect. 1197 Ante, p. 1162. Provisions concern- SEC. 544. PROVISIONS ON DELIVERY OF GRANTS TO APPLY .-The pro- ing delivery. visions of sections 264 and 267 to 272, concerning the delivery of Ante, p. 1161. grants, absolute and conditional, apply to all written contracts . Cross REFEsENcsi Mode of transfer, see sections 264 et seq. Ante, p.1161 . SEC. 545 . DI&rINCTIONS BETWEEN SEALED AND UNSEALED INSTRUMENTS Distinctions between seale d and unse aled in. ABOI .ISIifED .-All distinctions between sealed and unsealed instruments struments abolished. INTER PR ETA. TI ON OF CON- TRACTS. Uniformity of inter- pretation. .