Birnbaum v. Salomon

Citations

• 22 Fla. 610

Syllabus

<p>1. A bill which alleges that complainant aud defendant having been joint owners of a store house in which the complainant carried on a mercantile business and paid to defendant a stipulated rent for his half of the store house, complainant sold his undivided half of the property to defendant for $3,000, and executed a deed therefor and took a written lease thereof for six months immediately following the date of the deed of sale, and further alleging- that he was indueed to make the sale by the threats of defendant during their time of co-tenancy to eject him from the premises, aud a verbal promise by the defendant at the time of the sale to lease to complainant the store house for three years from and after the expiration of the six months lease, there being no allegation of actual fraud, or that he had received less than the value of the property, does not set forth facts sufficient to justify a court of equity in setting aside the sale.</p> <p>2. A verbal agreement to lease for one year, if it was to commence at a future day, is void under the statute of frauds.</p>