H. S. Hamburger Co. v. Miller Brothers & Co.

Citations

• 35 Ohio C.C. Dec. 248
• 25 Ohio C.C. (n.s.) 234

Syllabus

<p>LANDLORD AND TENANT</p> <p>1. Parol Testimony as to Modification of Terms of Lease which it is Sought to Transfer not Admissible.</p> <p>The assignment, not yet performed, of a written lease of real property is witbin tbe statute of frauds, and oral evidence of a modification of tbe terms of tbe transfer is inadmissible in an action for rental under tbe lease.</p> <p>2. Tender of an Imperfectly Executed Lease does not Constitute Performance.</p> <p>Tbe assignment of a lease is as necessary to performance of a contract to transfer as is delivery of possession of the property, and performance can not be claimed when an imperfect assignment was the only one proffered.</p>