Page:United States Statutes at Large Volume 76A.djvu/506

–410– -410§ 3254. Compromise offer An offer of compromise is not an admission that anything is due. § 3255. Statute of frauds; transfer of real property An estate or interest in real property, other than for leases for a term not exceeding one year, or a trust or power over or concerning it, or in any manner relating thereto, may not be created, granted, assigned, surrendered, or declared, otherwise than by operation of law, or a conveyance or other instrument in writing, subscribed by the party creating, granting, assigning, surrendering, or declaring the same, or by his lawful agent thereunto authorized by writing. § 3256. Same; wills, trusts, and specific performance Section 3255 of this title does not affect the power of a testator in the disposition of his real property by a last will and testament, nor prevent a trust from arising or being extinguished by implication or operation of law, nor abridge the power of a court to compel the specific performance of an agreement, in case of part performance thereof. § 3257. Same; contracts The following contracts are invalid, unless they, or some note or memorandum thereof, is in writing and subscribed by the party to be charged, or by his agent. Evidence, therefore, of the agreement, may not be received without the writing or secondary evidence of its contents: (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 miscarriage of another, except in the case provided for by section 3714 of Title 4; (3) an agreement made upon consideration of marriage; (4) an agreement for the leasing for a longer period than one year, or for the sale of real property, or of an interest therein; and such an agreement, if made by an agent of the party sought to be charged, is invalid, unless the authority of the agent is in writing, suoscribed 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 devise or bequeath property, or to make provision tor a person by will. § 3258. Same; representation of credit Evidence is not admissible to charge a person upon a representation as to the credit of a third person, unless the representation, or a memorandum thereof, is in writing, and either subscribed by or in the handwriting of the party to be charged.

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