Baseball Publishing Co. v. Bruton

Baseball Publishing Company (plaintiff) contracted with Bruton (defendant), the owner of a building, for the exclusive right to place an advertising sign on Bruton's wall for one year, with an annual, renewable option for up to four more years, at $25 per year. The agreement was labeled a "lease" but was signed, not sealed. Baseball Publishing accepted by sending a $25 check, which Bruton returned; Baseball Publishing nonetheless erected and maintained the sign and sent further $25 checks in later years, which Bruton also returned before removing the sign. Baseball Publishing sued for specific performance, and the trial judge, finding the agreement a license, ordered specific performance, damages, and costs. Bruton appealed.