Trollope v. Koerner

EUBANK, Judge of the Court of Appeals.

This is a landlords’ suit for damages resulting from a would-be tenant’s refusal to •sign a five-year lease. We hold that the Statute of Fraud Bars recovery for breach •of contract and that no sustainable cause ■of action is stated for alleged fraud, but we remand for trial on quasi-contract principles a claim for expenses of altering ■the premises in anticipation of the landlord-tenant relationship.

We first consider the posture of the •case, since it controls our view of the facts. Unfortunately, a jury trial was commenced without the case having been…