244

In the following cases every agreement shall be void unless such agreement, or some note or memorandum thereof is in writing, and subscribed by the party to be charged therewith, or by his lawful agent under written authority:\n(1) An agreement that by its terms is not to be performed within one year from the making thereof.\n(2) A special promise to answer for the debt, default, or misdoings of another person.\n(3) An agreement, promise, or undertaking made upon consideration of marriage, except mutual promises to marry.\n(4) A special promise made by an executor or administrator to answer damages out of his own estate.