Winternitz v. Summit Hills Joint Venture

Winternitz (plaintiff) orally agreed with his landlord Summit's (defendant) property manager to a two-year lease renewal with an assignment option, paid the agreed higher rent for at least a month, and then contracted to sell his business contingent on the lease renewal — all before anyone signed the proposed lease, which was still marked 'SAMPLE.' Summit's officer later reneged, telling a broker he would give Winternitz no lease under any circumstances and wanted him to 'walk out of that store without a dime,' then had Winternitz evicted. Forced to renegotiate his business sale at a fraction of the original price, Winternitz sued for breach of the oral lease agreements and tortious interference with his sale contract; a jury found for him, but the trial judge granted judgment N.O.V. on statute-of-frauds grounds.

Whether a party may recover money damages for breach of an oral contract regarding a leasehold interest in land for a term of one year or more.