Marion Square Corp. v. Kroger Co.

Upon statute of frauds grounds, the district judge declined to enforce an agreement for the cancellation of a lease. She thought that the writings exchanged between the parties did not adequately fix the date upon which the cancellation of the lease was to be effective and that they did not sufficiently describe the equipment to be sold. Concluding that neither ground is tenable, we reverse and remand with instructions to award appropriate damages to the lessor.

I

Marion Square was the owner of a shopping center in West, Virginia. In the late 1970s it leased one of its stores for a twenty-year…