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Idaho Code § 9-505

Certain agreements to be in writing

Applied in 25 court decisions — leading case MacKay v. Four Rivers Packing Co. (2008)

Most recently applied in In re Dolven (April 2016)

C.C.P. 1881, § 937; R.S., R.C., & C.L., § 6009; am. 1919, ch. 149, § 79a, p. 443; C.S., § 7976; I.C.A., § 16-505; am. 1993, ch. 397, § 1, p. 1460; am. 1996, ch. 177, § 1, p. 566.

How often courts cite this section

1984199020002010201640
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

In the following cases the agreement is invalid, unless the same or some note or memorandum thereof, be in writing and subscribed by the party charged, or by his agent. Evidence, therefore, of the agreement cannot 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 cases provided for in section 9-506, Idaho Code.

(3) An agreement made upon consideration of marriage, other than a mutual promise to marry.

(4) An agreement for the leasing, for a longer period than one (1) year, or for the sale, of real property, or of 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.

(5) A promise or commitment to lend money or to grant or extend credit in an original principal amount of fifty thousand dollars ($50,000) or more, made by a person or entity engaged in the business of lending money or extending credit.

Current official text: Idaho Statutes (Idaho Legislature). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Idaho statutes; confirm against the official source for the current text. Not legal advice.