A & R CO. v. Union Air Transport, Inc.

KELLY, Judge.

In this action to recover rents due under a lease, the defendant, Union Air Transport, Inc., appeals from the judgment finding it liable to the plaintiff, A & R Company. Union Air contends that the trial court erred in finding that part performance removed the oral agreement from the operation of the statute of frauds. We affirm.

Every contract to lease any interest in land for a period longer than one year is void unless the agreement expressing the terms is in writing and “subscribed by the party by whom the lease ... is to be made,” § 38-10-108, C.R.S. (1982 Repl.Vol. 16A);…