Babdo Sales, Inc. v. Miller-Wohl Company, Inc.

(dissenting) :

I dissent and vote to affirm the decision of the district court.

I agree with the majority that the district court was correct in finding that there were sufficient memoranda to take all twelve of the new leasing agreements —including Springfield — out of the statute of frauds. Except for Springfield, the question is an easy one because there are a number of writings which refer to the new leases at the other eleven stores and describe their essential terms. When taken together, the Fortgang interoffice memorandum of February 12, 1969, the eleven letter agreements dated February…