In order to satisfy the statute, the written memorandum must “correctly state[ ] the oral undertaking of the party sought to be charged.” Epdee Corp. v. Richmond, 321 Mass. 673, 75 N.E.2d 238, 239 (1947); seeHarrington v. Fall River Housing Authority, 27 Mass.App.Ct. 301, 538 N.E.2d 24, 29 (1989) (memorandum “must contain all the provisions of the oral contract with which the plaintiff is seeking to charge the defendant”); see also Simon v. Simon, 35 Mass.App.Ct. 705, 625 N.E.2d 564, 567 (1994) (writing must set out the essential provisions of the oral agreement). Ordinarily, the written memorandum must therefore: “(1) reasonably identify the subject matter of the contract, (2) indicate that a contract with respect to this subject matter has been made between the parties, (3) state with reasonable certainty the essential terms of the unperformed promises in the contract, and (4) be signed by or on behalf of the party to be charged.” Trenwick America Reinsurance Corp. v. IRC, Inc., 764 F.Supp.2d 274, 298–299 (D.Mass.2011) (citing Massachusetts cases).

To satisfy the statute of frauds, the writing must state correctly the oral undertaking of the party sought to be charged. Epdee Corp. v. Richmond, 321 Mass. 673, 75 N.E.2d 238 (1947). As the Tufenkjian memorandum speaks only to negotiations which took place for the purpose of entering into a new and separate undertaking, it cannot be construed as a sufficient writing memorializing the oral agreement on which the plaintiff sues.

The letter memorandum did not contain many provisions which might have been appropriate for inclusion in a formal sealed lease. See analogy of Epdee Corp. v. Richmond, 321 Mass. 673, 675 (agreement to sell land). The testimony, however, showed only two matters which were dealt with in conversations but not specifically dealt with in the letter, viz. (a) the space to be occupied by Hook, a matter covered in detail by the floor plan submitted to Berman prior to the transmission of the latter's letter and impliedly incorporated by reference in the letter (see Corbin, Contracts, §§ 512, 515), and (b) the times of payment of the rent, which were shown by Brown's somewhat ambiguous statement that the rent was to be "the same terms that we were . . . paying . . . Wharf.

Shayeb v. Holland, 321 Mass. 429. It is apparent that it correctly states the oral undertaking of the parties. Epdee Corp. v. Richmond, 321 Mass. 673. It may be noted that the above described receipt states that the balance of the purchase price is payable in sixty days.