Palmer v. Wheeler

This is an action to collect rent payable under a three year lease which was signed by the defendant as the lessee, but not by plaintiff as the lessor. After paying rent for seven months defendant vacated the building subject to the lease, following an alleged oral agreement to terminate the lease. The trial court held that the lease was invalid as contrary to the statute of frauds and dismissed the complaint. Plaintiff appeals.

The facts may be summarized as follows. On April 7, 1965, plaintiff and defendant entered into á written lease for 1,800 square feet of space in a commercial building…