Ben Holt Industries, Inc. v. Milne

This case presents issues concerning the validity of a defectively acknowledged lease and whether there was sufficient part performance to take the lease outside the statute of frauds. We conclude that there was sufficient part performance to obviate the statute of frauds, and reverse and remand for determination of damages.

The defendant, Milne and Associates, 1 rented office space from the plaintiff Ben Holt Industries (Holt) under a written 1-year lease in 1978. This lease was purportedly renewed for 5 years in a second written document dated February 5, 1979, signed and acknowledged as…