Board Files Answer to AoA’s Petition

I’m front-paging this anonymous comment from an older thread.

The Board of Trustees has filed its answer to the alumni lawsuit. [On Feb. 29]

Notable: the Board is finally asserting the Statute of Frauds as a defense.

RSA 506:2 says “No action shall be brought to charge an executor or administrator upon a special promise to answer damages out of his own estate or to charge any person upon a special promise to answer for the debt, default or miscarriage of another, or upon any agreement made in consideration of marriage or that is not to be performed within one year from the time of making it, unless such promise or agreement, or some note or memorandum thereof, is in writing and signed by the party to be charged or by some person authorized by him.”

The plaintiff has written memoranda referring to the nomination of eight trustees. There is no writing that refers to twelve trustees or half of the elected trustees.

UPDATE: I’ve put the full language of the statute into the post, per the first comment.

P.S. There’s some debate over whether the abridged language of the statute made it easier to read. Since I’m not a lawyer, whenever there is a disagreement I will err on the side of the unabridged text.