Barclay Square Associates, Ltd. v. Plantfind.com

The parties entered into a lease agreement, whereby appellee Plantfind would take possession of the premises on August 1, 2004, after appellant Barclay made certain improvements. On October 21, 2004, Plantfind terminated the lease due to Barclay’s failure to deliver the premises. Barclay filed a complaint, alleging that the parties orally agreed to modify the lease and extend the August 1 deadline. The trial court entered summary judgment in favor of Plantfind, finding that the statute of frauds barred oral modification of the lease. Subsequent to the trial court’s decision, this court…