Prescott v. Smits

This case asks us to determine the nature and duration of a tenancy created by entry under a lease agreement which is unenforceable under the Statute of Frauds. The superior court found that a year-to-year tenancy was created and adjudged the defendants liable for one year’s rent less payments made. We affirm.

In early 1982, defendants-appellants, Dirk Smits and Kay Smits, approached plaintiffs-appellees, Richard Prescott and Nancy Prescott, and inquired about leasing the Prescotts’ farm located in Panton, Vermont. The parties negotiated the lease agreement over a two-month period. Defendants,…