Page 344 - Important Provisions of The New Civil Code
P. 344

(2)  Those  that  do  not  comply  with  the


                         Statute  of  Frauds  as  set  forth  in  this


                         number.  In  the  following  cases  an



                         agreement  hereafter  made  shall  be


                         unenforceable  by  action,  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 a secondary evidence of its contents:









                       (a) An agreement that by its terms is not


                       to be performed within a year from the



                       making thereof;




                       (b) A special promise to answer for the


                       debt, default, or miscarriage of another;
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