I. B. Kleinert Rubber Co. v. Wood

Judgment reversed upon the law, with costs, and complaint dismissed, with costs. The record shows beyond question that 'the agreement made by plaintiff was at least that defendant should occupy the premises in question without rent until they were needed for factory building purposes. Nothing upon this subject is stated in the receipt signed by defendant, and the memorandum signed by plaintiff does not refer in any manner to the receipt. These two papers, therefore, cannot be considered together to satisfy the Statute of Frauds. Exhibit 1, signed by defendant, only can be considered for this…