Carter v. Schick

HOWERTON, Judge.

R. Dean Carter and Susan Carter appeal from a summary judgment entered by the Jefferson Circuit Court holding the lease agreement between the Carters and August W. Schick unenforceable under the statute of frauds. For reasons stated below, we find the statute of frauds inapplicable and reverse.

The property that is the subject of this appeal was purchased by the Carters in June of 1977 from Schick. In 1981, Schick allegedly leased from the Carters one of the “out buildings” on the property for the sum of $150 per month. Although the verbal agreement was not reduced to writing,…