Williams v. Heller Bros. Realty

The dispositive issues on appeal are whether the statute of frauds applies to an oral agreement and, if so, whether the bar of the statute is removed by part performance.

In October 1975, Heller Brothers Realty, owner of a shopping center, leased Clarence Williams space “for the purpose of operating a retail clothing business.” The term was five years and, by letter agreement, the parties renewed the leasehold for an additional five years.

In July 1981, Heller Brothers leased other space to “Boots and Boutique”, a retail store specializing in the sale of shoes. Shortly thereafter, Williams…