Winternitz v. Summit Hills Joint Venture

Winternitz v. Summit Hills Joint Venture - Contracts 10/22...

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Contracts 10/22 Statute of Frauds Winternitz v. Summit Hills Joint Venture, Court of Sp. Appeals of Maryland, 1988 Facts : Plaintiff owned a pharmacy/convenience story in Summit Hills Shopping Center. Plaintiff said defendant orally agreed to renew the lease and to permit him to assign it to a purchaser of the business. Landlord breached both the renewed lease and the assignment agreement. As a result, plaintiff was required to reduce significantly the sale price of the business. Procedure : jury awarded plaintiff $45,000. The court nullified that award by granting judgment N.O.V. on the basis that the Statute of Frauds made the alleged lease unenforceable, leaving nothing to assign. Issue : whether a written and signed memorandum is required to renew a lease lasting for more than one year. Holding : the trial court did not err in granting judgment N.O.V. on breach of contract. Judgment reversed on count III – malicious interference with contractual relationship. Roy Notes
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This note was uploaded on 04/10/2011 for the course LAW 501 taught by Professor Roy during the Fall '08 term at Ole Miss.

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Winternitz v. Summit Hills Joint Venture - Contracts 10/22...

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