Hankin v. Mintz

I join in the majority opinion and add the following. Whether the agreement, if any, under which appellant claims his right to possess the premises is an oral lease or some other interest in land, the statute of fraud applies. 33 P.S. § 1; 68 P.S § 250.202. However, in certain circumstances the statute of frauds will not bar enforcement of a oral agreement creating an interest in land. Ridley Park Shopping Center, Inc. v. Sun Ray Drug Co., 407 Pa. 230, 233, 180 A.2d 1, 3 (1962) (lease and substantial improvements); Whiting and Co. v. Pittsburgh Opera House Co., 88 Pa. 100, 103 (1878) (lease);…