Brockman v. Di Giacomo

In April, 1924,' Giacomo brought suit against Brock-man for the possession of a house. The court directed a verdict for plaintiff, and Brockman brings error and moves for supersedeas. Both sides ask us to determine the case now.

Giacomo owned the house and Brockman was his tenant. Brockman claimed right of possession under an oral agreement, made in 1921, for the purchase of the property for $3,000 payable in monthly instalments of $40. Giacomo denied the agreement and relied on the statute of frauds. Brockman tendered the first two or three instalments which were refused. No part of the…