Valiant Steel & Equipment, Inc. v. Roadway Express, Inc.

Carley, Presiding Judge.

Appellee-plaintiff (lessor) brought suit, alleging that appellant-defendant (tenant) had breached a two-year lease. The tenant answered and raised, among its other defenses, the statute of frauds. After discovery, the lessor moved for summary judgment. The trial court granted the lessor’s motion and the tenant appeals.

1. The burden was on the lessor, as movant for summary judgment, to show that no genuine issue of material fact remained as to the tenant’s statute of frauds defense.

The original two-year lease of the premises had expired on December 31, 1988. This…