43 Minn. 166 | Minn. | 1890
July
10, 1889, these parties entered into an oral agreement, the plaintiff leasing to the defendant certain real property for the term of one year from the 1st day of August, at a yearly rental of $780, payable in monthly instalments in advance. The defendant entered into the occupancy of the premises on the 1st day of August, and remained in possession until the 28th of September, when he went out. This action is for the recovery of the stipulated monthly rental for the month of October, 'payable, according to the terms of the agreement, on the 1st of that month.
By the terms of our statute of frauds, (Gen. St. 1878, c. 41, title 2,) no action is maintainable upon a mere parol agreement that by its terms is not to be performed within one year from the making thereof, section 6;) no estate or interest in lands, other than leases for a term not exceeding one year, nor any trust, etc., shall be created, unless by act or operation of law, or by deed or conveyance in writing, etc., (section 10.;) and every contract for the leasing for a longer pe
The decisions upon the English statute of frauds (29 Car. II. c. 3) have but little bearing upon the construction of our statute, for the reason that by that statute parol leases for a term not exceeding three years from the making thereof were authorized, and of course the provision in section 4, as to agreements not to be performed within one year, could not be applicable to such eases. The same is true as to the statute of Indiana, in which state parol leases like that under consideration are held valid. In Young v. Dake, 5 N. Y. 463, it was held, overruling Croswell v. Crane, 7 Barb. 191, that such a lease was valid. The decision, however, was placed upon considerations which cannot be regarded under our statute. One of these considerations was the fact that in the revision of the statute the legislature eliminated from the clause of the statute of frauds, excepting leases for a term not exceeding one year, the qualifying words, “from the making thereof,” which was regarded as disclosing an intention to allow such a term to commence in futuro. Again, it was considered that the statutory provision as to contracts which by their terms were not to be performed within one year was not applicable to contracts relating to leases of, or interests in, real estate, for the reason that the former provision was embraced in title 2 of the statute, entitled “Of fraudulent conveyances and contracts, relative to goods, chattels, and things in action,” while the provisions in which parol leases of real estate were authorized are found in title 1, relating tg “Fraudulent conveyances and contracts relative to lands.” This reason for the decision in Young v. Dake is not available under our statute since the Revision of 1866, in which all of the provisions under considera
Judgment reversed.