Reyes v. Smith

Appellant cites 49 Amer.Jur. p, 625 and 37 C.J.S., Frauds, Statute of, § 114, p. 607, to the effect that rescission of a lease within the Statute- of Frauds must be in writing unless, at the time of rescission, the unexpired term of the lease is less than that required by the statute to be in writing.

Examination of the authorities cited in those texts reveal:

In Pennsylvania, Lawton v. De Angelo, 169 Pa.Super. 380, 82 A.2d 900, it is held *826that a written lease which does not have more than a three year unexpired term may he rescinded by a parol agreement. This decision seems to turn upon…