Crossman v. Fontainebleau Hotel Corp.
United States Court of Appeals for the Fifth Circuit
273 F.2d 720 (1959)
Relevant factsFree
Crossman (plaintiff) orally agreed to lease space for a dress shop in Fontainebleau's (defendant's) hotel, moved in early, spent $50,000 on improvements, and paid rent for years before Fontainebleau denied she had an option to renew the lease and demanded she vacate; Fontainebleau argued the entire lease was unenforceable under Florida's statute of frauds because it couldn't be performed within a year, and the district court ruled for Fontainebleau.
IssueFree
Whether, if a lease is invalid under the statute of frauds, but the lessee partially performs by taking possession of the premises and paying the lessor, a court may grant the lessee specific performance of the lease.